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S.B. 91 Enrolled
LONG TITLE
General Description:
This bill enacts the Interstate Compact for Juveniles.
Highlighted Provisions:
This bill:
. repeals and reenacts the Interstate Compact for Juveniles;
. establishes a compact operating authority to administer ongoing compact activity;
. provides for gubernatorial appointment of representatives on a national governing
commission;
. provides rulemaking authority to the governing commission;
. provides for the collection of standardized information and information sharing
systems;
. creates sanctions to support essential compact operations;
. allows for the coordination and cooperation with other interstate compacts; and
. provides for an effective date upon enactment by 35 states.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
55-12-100, Utah Code Annotated 1953
55-12-101, Utah Code Annotated 1953
55-12-102, Utah Code Annotated 1953
55-12-103, Utah Code Annotated 1953
55-12-104, Utah Code Annotated 1953
55-12-105, Utah Code Annotated 1953
55-12-106, Utah Code Annotated 1953
55-12-107, Utah Code Annotated 1953
55-12-108, Utah Code Annotated 1953
55-12-109, Utah Code Annotated 1953
55-12-110, Utah Code Annotated 1953
55-12-111, Utah Code Annotated 1953
55-12-112, Utah Code Annotated 1953
55-12-113, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
55-12-114, (Renumbered from 55-12-2, as enacted by Chapter 113, Laws of Utah 1955)
55-12-115, (Renumbered from 55-12-3, as enacted by Chapter 113, Laws of Utah 1955)
55-12-116, (Renumbered from 55-12-4, as enacted by Chapter 113, Laws of Utah 1955)
55-12-117, (Renumbered from 55-12-5, as enacted by Chapter 113, Laws of Utah 1955)
55-12-118, (Renumbered from 55-12-6, as enacted by Chapter 113, Laws of Utah 1955)
REPEALS:
55-12-1, as last amended by Chapter 170, Laws of Utah 1983
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 55-12-100 is enacted to read:
55-12-100. Interstate Compact for Juveniles -- Execution of compact.
(1) This chapter is known as the "Interstate Compact for Juveniles."
(2) The governor is authorized and directed to execute a compact on behalf of this state
with any other state or states substantially in the form of this chapter.
Section 2. Section 55-12-101 is enacted to read:
55-12-101. Article 1 -- Purpose.
(1) The compacting states to this Interstate Compact recognize that each state is
responsible for the proper supervision or return of juveniles, delinquents, and status offenders
who are on probation or parole and who have absconded, escaped, or run away from supervision
and control and in so doing have endangered their own safety and the safety of others.
(2) The compacting states also recognize that each state is responsible for the safe return
of juveniles who have run away from home and in doing so have left their state of residence.
(3) The compacting states also recognize that Congress, by enacting the Crime Control
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime.
(4) It is the purpose of this compact, through means of joint and cooperative action
among the compacting states to:
(a) ensure that the adjudicated juveniles and status offenders subject to this compact are
provided adequate supervision and services in the receiving state as ordered by the adjudicating
judge or parole authority in the sending state;
(b) ensure that the public safety interests of the citizens, including the victims of juvenile
offenders, in both the sending and receiving states are adequately protected;
(c) return juveniles who have run away, absconded, or escaped from supervision or
control or have been accused of an offense to the state requesting their return;
(d) make contracts for the cooperative institutionalization in public facilities in member
states for delinquent youth needing special services;
(e) provide for the effective tracking and supervision of juveniles;
(f) equitably allocate the costs, benefits, and obligations of the compacting states;
(g) establish procedures to manage the movement between states of juvenile offenders
released to the community under the jurisdiction of courts, juvenile departments, or any other
criminal or juvenile justice agency which has jurisdiction over juvenile offenders;
(h) insure immediate notice to jurisdictions where defined offenders are authorized to
travel or to relocate across state lines;
(i) establish procedures to resolve pending charges (detainers) against juvenile offenders
prior to transfer or release to the community under the terms of this compact;
(j) establish a system of uniform data collection on information pertaining to juveniles
subject to this compact that allows access by authorized juvenile justice and criminal justice
officials, and regular reporting of compact activities to heads of state executive, judicial, and
legislative branches and juvenile and criminal justice administrators;
(k) monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct noncompliance;
(l) coordinate training and education regarding the regulation of interstate movement of
juveniles for officials involved in such activity; and
(m) coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision,
and other compacts affecting juveniles particularly in those cases where concurrent or
overlapping supervision issues arise.
(5) It is the policy of the compacting states that the activities conducted by the Interstate
Commission created herein are the formation of public policies and, therefore, are public
business. Furthermore, the compacting states shall cooperate and observe their individual and
collective duties and responsibilities for the prompt return and acceptance of juveniles subject to
the provisions of this compact.
(6) The provisions of this compact shall be reasonably and liberally construed to
accomplish the purposes and policies of the compact.
Section 3. Section 55-12-102 is enacted to read:
55-12-102. Article 2 -- Definitions.
As used in this compact, unless the context clearly requires a different construction:
(1) "By-laws" means those by-laws established by the Interstate Commission for its
governance, or for directing or controlling its actions or conduct.
(2) "Compact Administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact, responsible for the administration and management of the
state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted
by the Interstate Commission, and policies adopted by the State Council under this compact.
(3) "Compacting State" means any state which has enacted the enabling legislation for
this compact.
(4) "Commissioner" means the voting representative of each compacting state appointed
pursuant to Section 55-12-103 .
(5) "Court" means any court having jurisdiction over delinquent, neglected, or dependent
children.
(6) "Deputy Compact Administrator" means the individual, if any, in each compacting
state appointed to act on behalf of a Compact Administrator pursuant to the terms of this
compact responsible for the administration and management of the state's supervision and
transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate
Commission, and policies adopted by the State Council under this compact.
(7) "Interstate Commission" or "commission" means the Interstate Commission for
Juveniles created by Section 55-12-103 .
(8) "Juvenile" means any person defined as a juvenile in any member state or by the rules
of the Interstate Commission, including:
(a) "accused delinquent" meaning a person charged with an offense that, if committed by
an adult, would be a criminal offense;
(b) "accused status offender" meaning a person charged with an offense that would not
be a criminal offense if committed by an adult;
(c) "adjudicated delinquent" meaning a person found to have committed an offense that,
if committed by an adult, would be a criminal offense;
(d) "adjudicated status offender" meaning a person found to have committed an offense
that would not be a criminal offense if committed by an adult; and
(e) "nonoffender" meaning a person in need of supervision who has not been accused or
adjudicated a status offender or delinquent.
(9) "Noncompacting state" means any state which has not enacted the enabling
legislation for this compact.
(10) "Probation or Parole" means any kind of supervision or conditional release of
juveniles authorized under the laws of the compacting states.
(11) "Rule" means a written statement by the Interstate Commission promulgated
pursuant to Section 55-12-106 that is of general applicability, implements, interprets, or
prescribes a policy or provision of the compact, or an organizational, procedural, or practice
requirement of the Commission, and has the force and effect of statutory law in a compacting
state, and includes the amendment, repeal, or suspension of an existing rule.
(12) "State" means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Northern Marianas Islands.
Section 4. Section 55-12-103 is enacted to read:
55-12-103. Article 3 -- Interstate Commission for Juveniles.
(1) The compacting states hereby create the "Interstate Commission for Juveniles."
(2) The commission shall be a body corporate and joint agency of the compacting states.
(3) The commission shall have all the responsibilities, powers, and duties set forth
herein, and such additional powers as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states in accordance with the terms of this compact.
(4) The commission shall consist of commissioners appointed by the appropriate
appointing authority in each state pursuant to the rules and requirements of each compacting state
and in consultation with the State Council for Interstate Juvenile Supervision created hereunder.
(5) The commissioner shall be the compact administrator, deputy compact administrator,
or designee from that state who shall serve on the commission in such capacity under or pursuant
to the applicable law of the compacting state.
(6) In addition to the commissioners who are the voting representatives of each state, the
commission shall include individuals who are not commissioners, but who are members of
interested organizations. Noncommissioner members shall include a member of the national
organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact
for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile
justice and juvenile corrections officials, and crime victims.
(7) All noncommissioner members of the commission shall be ex officio, nonvoting
members. The commission may provide in its by-laws for additional ex officio, nonvoting
members, including members of other national organizations, in numbers to be determined by the
commission.
(8) Each compacting state represented at any meeting of the commission is entitled to
one vote. A majority of the compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the by-laws of the commission.
(9) The commission shall meet at least once each calendar year. The chairperson may
call additional meetings and, upon the request of a simple majority of the compacting states, shall
call additional meetings. Public notice shall be given of all meetings and meetings shall be open
to the public.
(10) The commission shall establish an executive committee, which shall include
commission officers, members, and others as determined by the by-laws. The executive
committee shall:
(a) have the power to act on behalf of the commission during periods when the
commission is not in session, with the exception of rulemaking or amendment to the compact;
(b) oversee the day-to-day activities of the administration of the compact managed by an
executive director and commission staff, which administers enforcement and compliance with
the provisions of the compact, its by-laws, and rules; and
(c) perform other duties as directed by the commission or set forth in the by-laws.
(11) Each member of the 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
commission. A member shall vote in person and may not delegate a vote to another compacting
state. However, a commissioner, in consultation with the state council, shall appoint another
authorized representative, in the absence of the commissioner from that state, to cast a vote on
behalf of the compacting state at a specified meeting. The by-laws may provide for members'
participation in meetings by telephone or other means of telecommunication or electronic
communication.
(12) The commission's by-laws shall establish conditions and procedures under which
the commission shall make its information and official records available to the public for
inspection or copying. The commission may exempt from disclosure any information or official
records to the extent they would adversely affect personal privacy rights or proprietary interests.
(13) 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 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:
(a) relate solely to the commission's internal personnel practices and procedures;
(b) disclose matters specifically exempted from disclosure by statute;
(c) disclose trade secrets or commercial or financial information which is privileged or
confidential;
(d) involve accusing any person of a crime, or formally censuring any person;
(e) disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(f) disclose investigative records compiled for law enforcement purposes;
(g) disclose information contained in or related to examination, operating, or condition
reports prepared by, or on behalf of or for the use of, the commission with respect to a regulated
person or entity for the purpose of regulation or supervision of such person or entity;
(h) disclose information, the premature disclosure of which would significantly endanger
the stability of a regulated person or entity; or
(i) specifically relate to the commission's issuance of a subpoena, or its participation in a
civil action or other legal proceeding.
(14) For every meeting closed pursuant to this provision, the commission's legal counsel
shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public,
and shall reference each relevant exemptive provision. The 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 vote, reflected in the
vote of each member on the question. All documents considered in connection with any action
shall be identified in the minutes.
(15) The commission shall collect standardized data concerning the interstate movement
of juveniles as directed through its rules which shall specify the data to be collected, the means of
collection, and data exchange and reporting requirements. Methods of data collection, exchange,
and reporting shall insofar as is reasonably possible conform to up-to-date technology and
coordinate its information functions with the appropriate repository of records.
Section 5. Section 55-12-104 is enacted to read:
55-12-104. Article 4 -- Powers and duties of the Interstate Commission.
The commission shall have the following powers and duties:
(1) provide for dispute resolution among compacting states;
(2) promulgate rules to effect the purposes and obligations as enumerated in this
compact, which shall have the force and effect of statutory law and shall be binding in the
compacting states to the extent and in the manner provided in this compact;
(3) oversee, supervise, and coordinate the interstate movement of juveniles subject to the
terms of this compact and any by-laws adopted and rules promulgated by the commission;
(4) enforce compliance with the compact provisions, the rules promulgated by the
commission, and the by-laws, using all necessary and proper means, including, but not limited to,
the use of judicial process;
(5) establish and maintain offices which shall be located within one or more of the
compacting states;
(6) purchase and maintain insurance and bonds;
(7) borrow, accept, hire, or contract for services of personnel;
(8) establish and appoint committees and hire staff which it considers necessary for the
carrying out of its functions including, but not limited to, an executive committee as required by
Section 55-12-103 , which shall have the power to act on behalf of the commission in carrying out
its powers and duties hereunder;
(9) elect or appoint any officers, attorneys, employees, agents, or consultants, fix their
compensation, define their duties, and determine their qualifications;
(10) establish the commission's personnel policies and programs relating to, inter alia,
conflicts of interest, rates of compensation, and qualifications of personnel;
(11) accept any and all donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose of them;
(12) lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve or use any property, real, personal, or mixed;
(13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, real, personal, or mixed;
(14) establish a budget and make expenditures and levy dues as provided in Section
55-12-108 ;
(15) sue and be sued;
(16) adopt a seal and by-laws governing the management and operation of the
commission;
(17) perform any functions necessary or appropriate to achieve the purposes of this
compact;
(18) report annually to the legislatures, governors, judiciary, and state councils of the
compacting states concerning the activities of the commission during the preceding year,
including any recommendations that may have been adopted by the commission;
(19) coordinate education, training, and public awareness regarding the interstate
movement of juveniles for officials involved in the activity;
(20) establish uniform standards for the reporting, collecting, and exchanging of data;
and
(21) maintain its corporate books and records in accordance with the by-laws.
Section 6. Section 55-12-105 is enacted to read:
55-12-105. Article 5 -- Organization and operation of the Interstate Commission.
(1) Section A. By-laws
The Interstate Commission shall, by a majority of the members present and voting, within
12 months after the first commission meeting, adopt by-laws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(a) establishing the fiscal year of the commission;
(b) establishing an executive committee and any other committees as necessary;
(c) providing for the establishment of committees governing any general or specific
delegation of any authority or function of the commission;
(d) providing reasonable procedures for calling and conducting meetings of the
commission, and ensuring reasonable notice of each meeting;
(e) establishing the titles and responsibilities of the officers of the commission;
(f) providing a mechanism for concluding the operations of the commission and the
return of any surplus funds that may exist upon the termination of the compact after the payment
and reserving of all of its debts and obligations;
(g) providing "start-up" rules for initial administration of the compact; and
(h) establishing standards and procedures for compliance and technical assistance in
carrying out the compact.
(2) Section B. Officers and Staff
(a) The Interstate Commission shall, by a majority of the members, elect annually from
among its members a chairperson and a vice chairperson, each of whom shall have the authority
and duties specified in the by-laws. The chairperson or, in the chairperson's absence or disability,
the vice chairperson shall preside at all meetings of the commission.
(b) The officers shall serve without compensation or remuneration from the commission,
provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for
any ordinary and necessary costs and expenses incurred by them in the performance of their
duties and responsibilities as officers of the commission.
(c) The commission shall, through its executive committee, appoint or retain an
executive director for any time period, upon any terms and conditions, and for any compensation
as the commission may consider appropriate. The executive director shall serve as secretary to
the commission, but may not be a member and shall hire and supervise other staff as authorized
by the commission.
(3) Section C. Qualified Immunity, Defense, and Indemnification
(a) The Interstate Commission's executive director and employees shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability caused or arising out of or relating to any
actual or alleged act, error, or omission that occurred, or that the person had a reasonable basis
for believing occurred within the scope of commission employment, duties, or responsibilities;
provided, that a person may not be protected from suit or liability for any damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of the person.
(b) The liability of any commissioner, or the employee or agent of a commissioner,
acting within the scope of the person's employment or duties for acts, errors, or omissions
occurring within the person's state may not exceed the limits of liability set forth under the
constitution and laws of that state for state officials, employees, and agents. Nothing in this
Subsection (3) shall be construed to protect any person from suit or liability for any damage, loss,
injury, or liability caused by the intentional or willful and wanton misconduct of the person.
(c) The commission shall defend the executive director or the employees or
representatives of the commission and, subject to the approval of the attorney general of the state
represented by any commissioner of a compacting state, shall defend the commissioner or the
commissioner's representatives or employees in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the defendant had a reasonable basis
for believing occurred within the scope of commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not result from intentional or willful
and wanton misconduct on the part of the person.
(d) The commission shall indemnify and hold the commissioner of a compacting state,
the commissioner's representatives or employees, or the commission's representatives or
employees harmless in the amount of any settlement or judgment obtained against the persons
arising out of any actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the persons had a reasonable basis for
believing occurred within the scope of commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not result from intentional or willful
and wanton misconduct on the part of the persons.
Section 7. Section 55-12-106 is enacted to read:
55-12-106. Article 6 -- Rulemaking functions of the Interstate Commission.
(1) The Interstate Commission shall promulgate and publish rules in order to effectively
and efficiently achieve the purposes of the compact.
(2) Rulemaking shall occur pursuant to the criteria set forth in this section and the
by-laws and rules adopted pursuant thereto. Rulemaking shall substantially conform to the
principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws
Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the commission
considers appropriate, consistent with due process requirements under the U.S. Constitution as
interpreted by the U. S. Supreme Court. All rules and amendments shall become binding as of
the date specified, as published with the final version of the rule as approved by the commission.
(3) When promulgating a rule, the commission shall, at a minimum:
(a) publish the proposed rule's entire text stating the reasons for that proposed rule;
(b) allow and invite any and all persons to submit written data, facts, opinions, and
arguments, which information shall be added to the record, and be made publicly available;
(c) provide an opportunity for an informal hearing if petitioned by ten or more persons;
and
(d) promulgate a final rule and its effective date, if appropriate, based on input from state
or local officials, or interested parties.
(4) Not later than 60 days after a rule is promulgated, the commission shall allow any
interested person to file a petition in the United States District Court for the District of Columbia
or in the Federal District Court where the commission's principal office is located for judicial
review of the rule. If the court finds that the commission's action is not supported by substantial
evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For
purposes of this Subsection (4), evidence is substantial if it would be considered substantial
evidence under the Model State Administrative Procedures Act.
(5) If a majority of the legislatures of the compacting states reject a rule, those states
may, by enactment of a statute or resolution in the same manner used to adopt the compact, state
that the rule shall have no further force and effect in any compacting state.
(6) The existing rules governing the operation of the Interstate Compact on Juveniles
superceded by this act shall be null and void 12 months after the first meeting of the Interstate
Commission created in this chapter.
(7) Upon determination by the Interstate Commission that a state of emergency exists, it
may promulgate an emergency rule which shall become effective immediately upon adoption,
provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as
reasonably possible, but no later than 90 days after the effective date of the emergency rule.
Section 8. Section 55-12-107 is enacted to read:
55-12-107. Article 7 -- Oversight, enforcement, and dispute resolution by the
Interstate Commission.
(1) Section A. Oversight
(a) The Interstate Commission shall oversee the administration and operations of the
interstate movement of juveniles subject to this compact in the compacting states and shall
monitor activities being administered in noncompacting states which may significantly affect
compacting states.
(b) The courts and executive agencies in each compacting state shall enforce this
compact and take all actions necessary and appropriate to effectuate the compact's purposes and
intent. The provisions of this compact and the rules promulgated hereunder shall be received by
all the judges, public officers, commissions, and departments of the state government as evidence
of the authorized statute and administrative rules. All courts shall take judicial notice of the
compact and the rules. In any judicial or administrative proceeding in a compacting state
pertaining to the subject matter of this compact which may affect the powers, responsibilities, or
actions of the commission, it shall be entitled to receive all service of process in any proceeding,
and shall have standing to intervene in the proceeding for all purposes.
(2) Section B. Dispute Resolution
(a) The compacting states shall report to the Interstate Commission on all issues and
activities necessary for the administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its by-laws and rules.
(b) The Interstate Commission shall attempt, upon the request of a compacting state, to
resolve any disputes or other issues which are subject to the compact and which may arise among
compacting states and between compacting and noncompacting states. The commission shall
promulgate a rule providing for both mediation and binding dispute resolution for disputes
among the compacting states.
(c) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact using any or all means set forth in Section 55-12-109 .
Section 9. Section 55-12-108 is enacted to read:
55-12-108. Article 8 -- Finance.
(1) The Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
(2) The 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 commission and
its staff which shall be in a total amount sufficient to cover the commission's annual budget as
approved each year. The aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the commission, taking into consideration the population of each
compacting state and the volume of interstate movement of juveniles in each compacting state.
The commission shall promulgate a rule binding upon all compacting states which governs the
assessment.
(3) The commission may not incur any obligations of any kind prior to securing the funds
adequate to meet the obligations, nor shall the commission pledge the credit of any of the
compacting states, except by and with the authority of the compacting state.
(4) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under its by-laws. All receipts and disbursements of funds handled by the
commission shall be audited yearly by a certified or licensed public accountant and the report of
the audit shall be included in and become part of the annual report of the commission.
Section 10. Section 55-12-109 is enacted to read:
55-12-109. Article 9 -- The state council.
(1) Each member state shall create a State Council for Interstate Juvenile Supervision.
(2) While each state may determine the membership of its own state council, its
membership shall include at least one representative from the legislative, judicial, and executive
branches of government, victims groups, and the compact administrator, deputy compact
administrator, or designee.
(3) Each compacting state retains the right to determine the qualifications of the compact
administrator or deputy compact administrator.
(4) Each state council shall advise and may exercise oversight and advocacy concerning
that state's participation in commission activities and other duties determined by that state,
including but not limited to, development of policy concerning operations and procedures of the
compact within that state.
Section 11. Section 55-12-110 is enacted to read:
55-12-110. Article 10 -- Compacting states, effective date, and amendment.
(1) Any state, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Section
55-12-102 is eligible to become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than 35 states. The initial effective date shall be the later of July 1,
2004 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective
and binding as to any other compacting state upon enactment of the compact into law by that
state.
(3) The governors of nonmember states or their designees shall be invited to participate
in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the
compact by all states and territories of the United States.
(4) The commission may propose amendments to the compact for enactment by the
compacting states. No amendment shall become effective and binding upon the commission and
the compacting states unless and until it is enacted into law by unanimous consent of the
compacting states.
Section 12. Section 55-12-111 is enacted to read:
55-12-111. Article 11 -- Withdrawal, default, termination, and judicial enforcement.
(1) Section A. Withdrawal
(a) Once effective, the compact shall continue in force and remain binding upon each and
every compacting state.
(b) A compacting state may withdraw from the compact by specifically repealing the
statute which enacted the compact into law. The effective date of withdrawal is the effective date
of the repeal.
(c) The withdrawing state shall immediately notify the chairperson of the Interstate
Commission in writing upon the introduction of legislation repealing the compact in the
withdrawing state. The commission shall notify the other compacting states of the withdrawing
state's intent to withdraw within 60 days of its receipt thereof.
(d) The withdrawing state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, including any obligations, the performance of
which extend beyond the effective date of withdrawal.
(e) Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon a later date as determined by the commission.
(2) Section B. Technical Assistance, Fines, Suspension, Termination, and Default
(a) If the Interstate Commission determines that any compacting state has at any time
defaulted in the performance of any of its obligations or responsibilities under this compact, or
the by-laws or duly promulgated rules, the commission may impose any or all of the following
penalties:
(i) remedial training and technical assistance as directed by the commission;
(ii) alternative dispute resolution;
(iii) fines, fees, and costs in amounts considered to be reasonable as fixed by the
commission; and
(iv) suspension or termination of membership in the compact.
(b) Suspension or termination of membership in the compact shall be imposed only after
all other reasonable means of securing compliance under the by-laws and rules have been
exhausted and the commission has determined that the offending state is in default.
(c) Immediate notice of suspension shall be given by the commission to the governor, the
chief justice, or the chief judicial officer of the state, the majority and minority leaders of the
defaulting state's legislature, and the state council.
(d) The grounds for default include, but are not limited to, failure of a compacting state
to perform obligations or responsibilities imposed upon it by this compact, the by-laws, or duly
promulgated rules, and any other grounds designated in commission by-laws and rules.
(i) The commission shall immediately notify the defaulting state in writing of the penalty
imposed by the commission and of the default pending a cure of the default.
(ii) The commission shall stipulate the conditions and the time period within which the
defaulting state must cure its default.
(e) If the defaulting state fails to cure the default within the time period specified by the
commission, the defaulting state shall be terminated from the compact upon an affirmative vote
of a majority of the compacting states and all rights, privileges, and benefits conferred by this
compact shall be terminated upon the effective date of termination.
(f) Within 60 days of the effective date of termination of a defaulting state, the
commission shall notify the governor, the chief justice or chief judicial officer, the majority and
minority leaders of the defaulting state's legislature, and the state council of the termination.
(g) 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.
(h) The commission may not bear any costs relating to the defaulting state unless
otherwise mutually agreed upon in writing between the commission and the defaulting state.
(i) Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the commission pursuant
to the rules.
(3) Section C. Judicial Enforcement
(a) The Interstate Commission may, by majority vote of the members, initiate legal
action in the United States District Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the Interstate Commission has its offices, to
enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws,
against any compacting state in default.
(b) In the event judicial enforcement is necessary, the prevailing party shall be awarded
all costs of litigation, including reasonable attorneys' fees.
(4) Section D. Dissolution of Compact
(a) The compact dissolves effective upon the date of the withdrawal or default of a
compacting state, which reduces membership in the compact to one compacting state.
(b) Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, the business and affairs of the Interstate Commission shall be
concluded, and any surplus funds shall be distributed in accordance with the by-laws.
Section 13. Section 55-12-112 is enacted to read:
55-12-112. Article 12 -- Severability and construction.
(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence,
or provision is considered unenforceable, the remaining provisions of the compact shall be
enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its purposes.
Section 14. Section 55-12-113 is enacted to read:
55-12-113. Article 13 -- Binding effect of compact and other laws.
(1) Section A. Other Laws
(a) Nothing herein prevents the enforcement of any other law of a compacting state that
is not inconsistent with this compact.
(b) All compacting states' laws other than state constitutions and other interstate
compacts conflicting with this compact are superseded to the extent of the conflict.
(2) Section B. Binding Effect of the Compact
(a) All lawful actions of the commission, including all rules and by-laws promulgated by
the commission, are binding upon the compacting states.
(b) All agreements between the commission and the compacting states are binding in
accordance with their terms.
(c) Upon the request of a party to a conflict over meaning or interpretation of
commission actions, and upon a majority vote of the compacting states, the commission may
issue advisory opinions regarding the meaning or interpretation.
(d) 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 the provision upon the commission shall be ineffective and the obligations,
duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the
agency thereof to which the obligations, duties, powers, or jurisdiction are delegated by law in
effect at the time this compact becomes effective.
Section 15. Section 55-12-114 , which is renumbered from Section 55-12-2 is
renumbered and amended to read:
[
(1) Pursuant to [
to designate [
like [
out more effectively the terms of the compact. [
subject to the pleasure of the governor.
(2) The compact administrator is [
cooperate with all departments, agencies and officers of and in the government of this state and
its subdivisions in facilitating the proper administration of the compact or of any supplementary
agreement or agreements entered into by this state [
Section 16. Section 55-12-115 , which is renumbered from Section 55-12-3 is
renumbered and amended to read:
[
The compact administrator is [
supplementary agreements with appropriate officials of other states pursuant to the compact. In
the event that [
contemplates the use of any institution or facility of this state or [
[
agreement shall have no force or effect until approved by the head of the department or agency
under whose jurisdiction said institution or facility is operated or whose department or agency
will be charged with the rendering of such service.
Section 17. Section 55-12-116 , which is renumbered from Section 55-12-4 is
renumbered and amended to read:
[
The compact administrator, subject to the approval of the Department of Finance, may
make or arrange for any payments necessary to discharge any financial obligations imposed upon
this state by the compact or by any supplementary agreement entered into [
Section 18. Section 55-12-117 , which is renumbered from Section 55-12-5 is
renumbered and amended to read:
[
The compact administrator is authorized to take appropriate action to recover from
parents or guardians, any and all costs expended by the state, or any of its subdivisions, to return
a delinquent or nondelinquent juvenile to this state, for care provided pursuant to any
supplementary agreement [
juvenile to this state.
Section 19. Section 55-12-118 , which is renumbered from Section 55-12-6 is
renumbered and amended to read:
[
officers.
The courts, departments, agencies and officers of this state and its subdivisions shall
enforce this compact and [
intent which may be within their respective jurisdictions.
Section 20. Repealer.
This bill repeals:
Section 55-12-1, Execution of compact.
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