Session Law

Identifying Information:L. 2002 ch. 021
Other Identifying Information:2002 Senate Bill 95
Tax Type:Other
Brief Description:An Act enacting the interstate compact for adult offenders supervision;repealing K.S.A. 22-4101, 22-4102 and 22-4103.
Keywords:


Body:

CHAPTER 21

SENATE BILL No. 95

An Act enacting the interstate compact for adult offenders supervision;

repealing K.S.A. 22-4101, 22-4102 and 22-4103.


Be it enacted by the Legislature of the State of Kansas:

Section 1. This act may be cited as the Interstate Compact for Adult

Offender Supervision.


ARTICLE I

PURPOSE


(a) The compacting states to this Interstate Compact recognize that

each state is responsible for the supervision of adult offenders in the

community who are authorized pursuant to the Bylaws and Rules of this

compact to travel across state lines both to and from each compacting

state in such a manner as to track the location of offenders, transfer

supervision authority in an orderly and efficient manner, and when nec-

essary return offenders to the originating jurisdictions. 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.

(b) It is the purpose of this compact and the Interstate Commission

created hereunder, through means of joint and cooperative action among

the compacting states: To provide the framework for the promotion of

public safety and protect the rights of victims through the control and

regulation of the interstate movement of offenders in the community; to

provide for the effective tracking, supervision, and rehabilitation of these

offenders by the sending and receiving states; and to equitably distribute

the costs, benefits and obligations of the compact among the compacting

states.

(c) In addition, this compact will: Create a Interstate Commission

which will establish uniform procedures to manage the movement be-

tween states of adults placed under community supervision and released

to the community under the jurisdiction of courts, paroling authorities,

corrections or other criminal justice agencies which will promulgate rules

to achieve the purpose of this compact; ensure an opportunity for input

and timely notice to victims and to jurisdictions where defined offenders

are authorized to travel or to relocate across state lines; establish a system

of uniform data collection, access to information on active cases by au-

thorized criminal justice officials, and regular reporting of compact activ-

ities to heads of state councils, state executive, judicial, and legislative

branches and criminal justice administrators; monitor compliance with

rules governing interstate movement of offenders and initiate interven-

tions to address and correct non-compliance; and coordinate training and

education regarding regulations of interstate movement of offenders for

officials involved in such activity.

(d) The compacting states recognize that there is no ``right'' of any

offender to live in another state and that duly accredited officers of a

sending state may at all times enter a receiving state and there apprehend

and retake any offender under supervision subject to the provisions of

this compact and By-laws and Rules promulgated hereunder. It is the

policy of the compacting states that the activities conducted by the In-

terstate Commission created herein are the formation of public policies

and are therefore public business.


ARTICLE II

DEFINITIONS


(a) As used in this compact, unless the context clearly requires a dif-

ferent construction:

(1) ``Adult'' means both individuals legally classified as adults and ju-

veniles treated as adults by court order, statute, or operation of law.

(2) ``By-laws'' means those by-laws established by the Interstate Com-

mission for its governance, or for directing or controlling the Interstate

Commission's actions or conduct.

(3) ``Compact Administrator'' means the individual in each compact-

ing state appointed pursuant to the terms of this compact responsible for

the administration and management of the state's supervision and transfer

of offenders subject to the terms of this compact, the rules adopted by

the Interstate Commission and policies adopted by the State Council

under this compact.

(4) ``Compacting State'' means any state which has enacted the ena-

bling legislation for this compact.

(5) ``Commissioner'' means the voting representative of each com-

pacting state appointed pursuant to Article III of this compact.

(6) ``Interstate Commission'' means the Interstate Commission for

Adult Offender Supervision established by this compact.

(7) ``Member'' means the commissioner of a compacting state or des-

ignee, who shall be a person officially connected with the commissioner.

(8) ``Non-compacting state'' means any state which has not enacted

the enabling legislation for this compact.

(9) ``Offender'' means an adult placed under, or subject, to supervi-

sion as the result of the commission of a criminal offense and released to

the community under the jurisdiction of courts, paroling authorities, cor-

rections, or other criminal justice agencies.

(10) ``Person'' means any individual, corporation, business enterprise,

or other legal entity, either public or private.

(11) ``Rules'' means acts of the Interstate Commission, duly prom-

ulgated pursuant to Article VIII of this compact, substantially affecting

interested parties in addition to the Interstate Commission, which shall

have the force and effect of law in the compacting states.

(12) ``State'' means a state of the United States, the District of Co-

lumbia and any other territorial possessions of the United States.

(13) ``State Council'' means the resident members of the State Coun-

cil for Interstate Adult Offender Supervision created by each state under

Article III of this compact.


ARTICLE III

THE COMPACT COMMISSION


(a) The compacting states hereby create the ``Interstate Commission

for Adult Offender Supervision.'' The Interstate Commission shall be a

body corporate and joint agency of the compacting states. The Interstate

Commission shall have all the responsibilities, powers and duties set forth

herein; including the power to sue and be sued, and such additional pow-

ers 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.

(b) The Interstate Commission shall consist of Commissioners se-

lected and appointed by resident members of a State Council for Inter-

state Adult Offender Supervision for each state. In addition to the Com-

missioners who are the voting representatives of each state, the Interstate

Commission shall include individuals who are not commissioners but who

are members of interested organizations: Such non-commissioner mem-

bers must include a member of the national organizations of governors,

legislators, state chief justices, attorneys general and crime victims. All

non-commissioner members of the Interstate Commission shall be ex-

officio (nonvoting) members. The Interstate Commission may provide in

its by-laws for such additional, ex-officio, non-voting members as it deems

necessary.

(c) Each compacting state represented at any meeting of the Inter-

state 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 Interstate Commission.

(d) The Interstate Commission shall meet at least once each calendar

year. The chairperson may call additional meetings and, upon the request

of 27 or more compacting states, shall call additional meetings. Public

notice shall be given of all meetings and meetings shall be open to the

public.

(e) The Interstate Commission shall establish an Executive Commit-

tee which shall include commission officers, members and others as shall

be determined by the By-laws. The Executive Committee shall have the

power to act on behalf of the Interstate Commission during periods when

the Interstate Commission is not in session, with the exception of rule-

making and/or amendment to the Compact. The Executive Committee

oversees the day-to-day activities managed by the Executive Director and

Interstate Commission staff; administers enforcement and compliance

with the provisions of the compact, its by-laws and as directed by the

Interstate Commission and performs other duties as directed by Com-

mission or set forth in the By-laws.


ARTICLE IV

THE STATE COUNCIL


(a) Each member state shall create a State Council for Interstate Adult

Offender Supervision which shall be responsible for the appointment of

the commissioner who shall serve on the Interstate Commission from

that state. Each state council shall appoint as its commissioner the Com-

pact Administrator from that state to serve on the Interstate Commission

in such capacity under or pursuant to applicable law of the member state.

While each member state may determine the membership of its own state

council, its membership must include at least one representative from

the legislative, judicial, and executive branches of government, victims

groups, and compact administrators.

(b) Each compacting state retains the rights to determine the quali-

fications of the Compact Administrator who shall be appointed by the

state council or by the Governor in consultation with the Legislature and

the Judiciary.

(c) In addition to appointment of its commissioner to the National

Interstate Commission, each state council shall exercise oversight and

advocacy concerning its participation in Interstate Commission activities

and other duties as may be determined by each member state including

but not limited to, development of policy concerning operations and pro-

cedures of the compact within that state.


ARTICLE V

POWERS AND DUTIES OF THE INTERSTATE COMMISSION


(a) The Interstate Commission shall have the following powers:

(1) To adopt a seal and suitable by-laws governing the management

and operation of the Interstate Commission.

(2) To promulgate rules which shall have the force and effect of stat-

utory law and shall be binding in the compacting states to the extent and

in the manner provided in this compact.

(3) To oversee, supervise and coordinate the interstate movement of

offenders subject to the terms of this compact and any by-laws adopted

and Rules promulgated by the compact commission.

(4) To enforce compliance with compact provisions, Interstate Com-

mission rules, and by-laws, using all necessary and proper means, includ-

ing but not limited to, the use of judicial process.

(5) To establish and maintain offices.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept, or contract for services of personnel, includ-

ing, but not limited to, members and their staffs.

(8) To establish and appoint committees and hire staff which it deems

necessary for the carrying out of its functions including, but not limited

to, an executive committee as required by Article III which shall have the

power to act on behalf of the Interstate Commission in carrying out its

powers and duties hereunder.

(9) To elect or appoint such officers, attorneys, employees, agents, or

consultants, and to fix their compensation, define their duties and deter-

mine their qualifications; and to establish the Interstate Commission's

personnel policies and programs relating to, among other things, conflicts

of interest, rates of compensation, and qualifications of personnel.

(10) To accept any and all donations and grants of money, equipment,

supplies, materials, and services, and to receive, utilize, and dispose of

same.

(11) To lease, purchase, accept contributions or donations of, or oth-

erwise to own, hold, improve or use any property, real, personal, or mixed.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or

otherwise dispose of any property, real, personal or mixed.

(13) To establish a budget and make expenditures and levy dues as

provided in Article X of this compact.

(14) To sue and be sued.

(15) To provide for dispute resolution among compacting states.

(16) To perform such functions as may be necessary or appropriate

to achieve the purposes of this compact.

(17) To report annually to the legislatures, governors, judiciary, and

state councils of the compacting states concerning the activities of the

Interstate Commission during the preceding year. Such reports shall also

include any recommendations that may have been adopted by the Inter-

state Commission.

(18) To coordinate education, training and public awareness regard-

ing the interstate movement of offenders for officials involved in such

activity.

(19) To establish uniform standards for the reporting, collecting, and

exchanging of data.


ARTICLE VI

ORGANIZATION AND OPERATION OF THE

INTERSTATE COMMISSION


(a) By-laws. The Interstate Commission shall, by a majority of the mem-

bers, within twelve months of the first Interstate 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:

(1) Establishing the fiscal year of the Interstate Commission;

(2) establishing an executive committee and such other committees

as may be necessary. Providing reasonable standards and procedures:

(i) For the establishment of committees, and

(ii) governing any general or specific delegation of any authority or

function of the Interstate Commission;

(3) providing reasonable procedures for calling and conducting meet-

ings of the Interstate Commission, and ensuring reasonable notice of each

such meeting;

(4) establishing the titles and responsibilities of the officers of the

Interstate Commission;

(5) providing reasonable standards and procedures for the establish-

ment of the personnel policies and programs of the Interstate Commis-

sion. Notwithstanding any civil service or other similar laws of any com-

pacting state, the By-laws shall exclusively govern the personnel policies

and programs of the Interstate Commission; and

(6) providing a mechanism for winding up the operations of the In-

terstate Commission and the equitable return of any surplus funds that

may exist upon the termination of the compact after the payment and/or

reserving of all of its debts and obligations;

(7) providing transition Rules for ``start up'' administration of the

compact;

(8) establishing standards and procedures for compliance and tech-

nical assistance in carrying out the compact.

(b) Officers and Staff. (1) The Interstate Commission shall, by a ma-

jority of the members, elect from among its members a chairperson and

a vice chairperson, each of whom shall have such authorities and duties

as may be specified in the By-laws. The chairperson or, in his or her

absence or disability, the vice chairperson, shall preside at all meetings

of the Interstate Commission. The Officers so elected shall serve without

compensation or remuneration from the Interstate Commission; PRO-

VIDED THAT, subject to the availability of budgeted funds, the officers

shall be reimbursed for any actual and necessary costs and expenses in-

curred by them in the performance of their duties and responsibilities as

officers of the Interstate Commission.

(2) The Interstate Commission shall, through its executive commit-

tee, appoint or retain an executive director for such period, upon such

terms and conditions and for such compensation as the Interstate Com-

mission may deem appropriate. The executive director shall serve as sec-

retary to the Interstate Commission, and hire and supervise such other

staff as may be authorized by the Interstate Commission, but shall not be

a member.

(c) Corporate Records of the Interstate Commission. The Interstate

Commission shall maintain its corporate books and records in accordance

with the By-laws.

(d) Qualified Immunity, Defense and Indemnification. (1) The Mem-

bers, officers, executive director and employees of the Interstate Com-

mission shall be immune from suit and liability, either personally or in

their official capacity, for any claim for damage to or loss of property or

personal injury or other civil liability caused or arising out of any actual

or alleged act, error or omission that occurred within the scope of Inter-

state Commission employment, duties or responsibilities; except, that

nothing in this paragraph shall be construed to protect any such person

from suit and/or liability for any damage, loss, injury or liability caused

by the intentional or willful and wanton misconduct of any such person.

(2) The Interstate Commission shall defend the commissioner of a

compacting state, or the commissioner's representatives or employees, or

the Interstate Commission'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 Interstate Commis-

sion employment, duties or responsibilities, or that the defendant had a

reasonable basis for believing occurred within the scope of Interstate

Commission employment, duties or responsibilities; except, that the ac-

tual or alleged act, error or omission did not result from intentional

wrongdoing on the part of such person.

(3) The Interstate Commission shall indemnify and hold the com-

missioner of a compacting state, the appointed designee or employees,

or the Interstate Commission's representatives or employees, harmless in

the amount of any settlement or judgment obtained against such persons

arising out of any actual or alleged act, error or omission that occurred

within the scope of Interstate Commission employment, duties or re-

sponsibilities, or that such persons had a reasonable basis for believing

occurred within the scope of Interstate Commission employment, duties

or responsibilities, provided, that the actual or alleged act, error or omis-

sion did not result from gross negligence or intentional wrongdoing on

the part of such person.


ARTICLE VII

ACTIVITIES OF THE INTERSTATE COMMISSION


(a) The Interstate Commission shall meet and take such actions as are

consistent with the provisions of this compact.

(b) Except as otherwise provided in this compact and unless a greater

percentage is required by the By-laws, in order to constitute an act of the

Interstate Commission, such act shall have been taken at a meeting of

the Interstate Commission and shall have received an affirmative vote of

a majority of the members present.

(c) Each Member of the Interstate Commission shall have the right

and power to cast a vote to which that Compacting State is entitled and

to participate in the business and affairs of the Interstate Commission. A

Member shall vote in person on behalf of the state and shall not delegate

a vote to another member state. However, a State Council shall appoint

another authorized representative, in the absence of the commissioner

from that state, to cast a vote on behalf of the member state at a specified

meeting. The By-laws may provide for members' participation in meet-

ings by telephone or other means of telecommunication or electronic

communication. Any voting conducted by telephone, or other means of

telecommunication or electronic communication shall be subject to the

same quorum requirements of meetings where members are present in

person.

(d) The Interstate Commission shall meet at least once during each

calendar year. The chairperson of the Interstate Commission may call

additional meetings at any time and, upon the request of a majority of

the Members, shall call additional meetings.

(e) The Interstate Commission's by-laws shall establish conditions

and procedures under which the Interstate Commission shall make its

information and official records available to the public for inspection or

copying. The Interstate Commission may exempt from disclosure any

information or official records to the extent they would adversely affect

personal privacy rights or proprietary interests. In promulgating such

Rules, the Interstate Commission may make available to law enforcement

agencies records and information otherwise exempt from disclosure, and

may enter into agreements with law enforcement agencies to receive or

exchange information or records subject to nondisclosure and confiden-

tiality provisions.

(f) Public notice shall be given of all meetings and all meetings shall

be open to the public, except as set forth in the Rules or as otherwise

provided in the Compact. The Interstate Commission shall promulgate

Rules consistent with the principles contained in the ``Government in

Sunshine Act,'' 5 U.S.C. Section 552(b), as may be amended. The Inter-

state Commission and any of its committees may close a meeting to the

public where it determines by two-thirds vote that an open meeting would

be likely to:

(1) Relate solely to the Interstate Commission's internal personnel

practices and procedures;

(2) disclose matters specifically exempted from disclosure by statute;

(3) disclosure trade secrets or commercial or financial information

which is privileged or confidential;

(4) involve accusing any person of a crime, or formally censuring any

person;

(5) disclose information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

(6) disclose investigatory records compiled for law enforcement pur-

poses;

(7) disclose information contained in or related to examination, op-

erating or condition reports prepared by, or on behalf of or for the use

of, the Interstate Commission with respect to a regulated entity for the

purpose of regulation or supervision of such entity;

(8) disclose information, the premature disclosure of which would

significantly endanger the life of a person or the stability of a regulated

entity;

(9) specifically relate to the Interstate Commission's issuance of a

subpoena, or its participation in a civil action or proceeding.

(g) For every meeting closed pursuant to this provision, the Interstate

Commission's chief legal officer shall publicly certify that, in his or her

opinion, the meeting may be closed to the public, and shall reference

each relevant provision AUTHORIZING CLOSURE OF THE MEET-

ING. The Interstate Commission shall keep minutes which shall fully and

clearly describe all matters discussed in any meeting and shall provide a

full and accurate summary of any actions taken, and the reasons therefor,

including a description of each of the views expressed on any item and

the record of any roll call vote (reflected in the vote of each member on

the question). All documents considered in connection with any action

shall be identified in such minutes.

(h) The Interstate Commission shall collect standardized data con-

cerning the interstate movement of offenders as directed through its By-

laws and Rules which shall specify the data to be collected, the means of

collection and data exchange and reporting requirements.


ARTICLE VIII

RULEMAKING FUNCTIONS OF THE INTERSTATE

COMMISSION


(a) The Interstate Commission shall promulgate Rules in order to ef-

fectively and efficiently achieve the purposes of the Compact including

transition rules governing administration of the compact during the pe-

riod in which it is being considered and enacted by the states.

(b) Rulemaking shall occur pursuant to the criteria set forth in this

Article and the By-laws and Rules adopted pursuant thereto. Such rule-

making shall substantially conform to the principles of the federal Ad-

ministrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Fed-

eral Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may

be amended (hereinafter ``APA'').

All Rules and amendments shall become binding as of the date speci-

fied in each Rule or amendment.

(c) If a majority of the legislatures of the compacting states rejects a

Rule, by enactment of a statute or resolution in the same manner used

to adopt the compact, then such Rule shall have no further force and

effect in any compacting state.

(d) When promulgating a Rule, the Interstate Commission shall:

(1) Publish the proposed Rule stating with particularity the text of

the Rule which is proposed and the reason for the proposed Rule;

(2) allow persons to submit written data, facts, opinions and argu-

ments, which information shall be publicly available;

(3) provide an opportunity for an informal hearing; and

(4) promulgate a final Rule and its effective date, if appropriate,

based on the rulemaking record. Not later than sixty days after a Rule is

promulgated, any interested person may file a petition in the United

States District Court for the District of Columbia or in the Federal Dis-

trict Court where the Interstate Commission's principal office is located

for judicial review of such Rule. If the court finds that the Interstate

Commission's action is not supported by substantial evidence, (as defined

in the APA), in the rulemaking record, the court shall hold the Rule

unlawful and set it aside.

(e) Subjects to be addressed within 12 months after the first meeting

must at a minimum include:

(i) Notice to victims and opportunity to be heard;

(ii) offender registration and compliance;

(iii) violations/returns;

(iv) transfer procedures and forms;

(v) eligibility for transfer;

(vi) collection of restitution and fees from offenders;

(vii) data collection and reporting;

(viii) the level of supervision to be provided by the receiving state;

(ix) transition Rules governing the operation of the compact and the

Interstate Commission during all or part of the period between the ef-

fective date of the compact and the date on which the last eligible state

adopts the compact;

(x) mediation, arbitration and dispute resolution.

(f) The existing Rules governing the operation of the previous com-

pact superceded by this Act shall be null and void twelve (12) months

after the first meeting of the Interstate Commission created hereunder.

(g) Upon determination by the Interstate Commission that an emer-

gency exists, it may promulgate an emergency rule which shall become

effective immediately upon adoption, provided that the usual rulemaking

procedures provided hereunder shall be retroactively applied to said rule

as soon as reasonably possible, in no event later than ninety (90) days

after the effective date of the rule.


ARTICLE IX

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION

(a) Oversight. (1) The Interstate Commission shall oversee the Inter-

state movement of adult offenders in the compacting states and shall

monitor such activities being administered in Non-compacting States

which may significantly affect compacting states.

(2) The courts and executive agencies in each compacting state shall

enforce this compact and shall take all actions necessary and appropriate

to effectuate the compact's purposes and intent. In any judicial or ad-

ministrative proceeding in a compacting state pertaining to the subject

matter of this compact which may affect the powers, responsibilities or

actions of the Interstate Commission, the Interstate Commission shall be

entitled to receive all service of process in any such proceeding, and shall

have standing to intervene in the proceeding for all purposes.

(b) Dispute Resolution. (1) The compacting states shall report to the

Interstate Commission on issues or activities of concern to them, and

cooperate with and support the Interstate Commission in the discharge

of its duties and responsibilities.

(2) The Interstate Commission shall attempt to resolve any disputes

or other issues which are subject to the compact and which may arise

among compacting states and non-compacting states.

The Interstate Commission shall enact a By-law or promulgate a Rule

providing for both mediation and binding dispute resolution for disputes

among the compacting states.

(c) Enforcement. The Interstate Commission, in the reasonable ex-

ercise of it's discretion, shall enforce the provisions of this compact using

any or all means set forth in Article XII (b), of this compact.


ARTICLE X

FINANCE


(a) The Interstate Commission shall pay or provide for the payment of

the reasonable expenses of its establishment, organization and ongoing

activities.

(b) The Interstate Commission shall levy on and collect an annual

assessment from each compacting state to cover the cost of the internal

operations and activities of the Interstate Commission and its staff which

must be in a total amount sufficient to cover the Interstate Commission's

annual budget as approved each year. The aggregate annual assessment

amount shall be allocated based upon a formula to be determined by the

Interstate Commission, taking into consideration the population of the

state and the volume of Interstate movement of offenders in each com-

pacting state and shall promulgate a Rule binding upon all compacting

states which governs said assessment.

(c) The Interstate Commission shall not incur any obligations of any

kind prior to securing the funds adequate to meet the same; nor shall the

Interstate Commission pledge the credit of any of the compacting states,

except by and with the authority of the compacting state.

(d) The Interstate Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and disbursements of the In-

terstate Commission shall be subject to the audit and accounting proce-

dures established under its By-laws. However, all receipts and disburse-

ments of funds handled by the Interstate 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

Interstate Commission.


ARTICLE XI

COMPACTING STATES, EFFECTIVE DATE AND

AMENDMENT


(a) Any state, as defined in Article II of this compact, is eligible to

become a Compacting State.

(b) The Compact shall become effective and binding upon legislative

enactment of the compact into law by no less than 35 of the states. The

initial effective date shall be the later of July 1, 2001, 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. The governors of non-member states or their des-

ignees will be invited to participate in Interstate Commission activities

on a non-voting basis prior to adoption of the compact by all states and

territories of the United States.

(c) Amendments to the Compact may be proposed by the Interstate

Commission for enactment by the compacting states. No amendment

shall become effective and binding upon the Interstate Commission and

the compacting states unless and until it is enacted into law by unanimous

consent of the compacting states.


ARTICLE XII

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL

ENFORCEMENT

(a) Withdrawal. (1) Once effective, the compact shall continue in force

and remain binding upon each and every compacting state; except, that

a compacting state may withdraw from the compact (``withdrawing state'')

by enacting a statute specifically repealing the statute which enacted the

Compact into law.

(2) The effective date of withdrawal is the effective date of the repeal.

(3) The withdrawing state shall immediately notify the chairperson of

the Interstate Commission in writing upon the introduction of legislation

repealing this compact in the withdrawing state. The Interstate Commis-

sion shall notify the other compacting states of the withdrawing state's

intent to withdraw within sixty days of its receipt thereof.

(4) The withdrawing state is responsible for all assessments, obliga-

tions and liabilities incurred through the effective date of withdrawal,

including any obligations, the performance of which extend beyond the

effective date of withdrawal.

(5) Reinstatement following withdrawal of any compacting state shall

occur upon the withdrawing state reenacting the compact or upon such

later date as determined by the Interstate Commission.

(b) Default. (1) If the Interstate Commission determines that any

compacting state has at any time defaulted (``defaulting state'') in the

performance of any of its obligations or responsibilities under this com-

pact, the By-laws or any duly promulgated Rules the Interstate Commis-

sion may impose any or all of the following penalties:

(i) Fines, fees and costs in such amounts as are deemed to be rea-

sonable as fixed by the Interstate Commission;

(ii) remedial training and technical assistance as directed by the In-

terstate Commission;

(iii) suspension and termination of membership in the compact. Sus-

pension shall be imposed only after all other reasonable means of securing

compliance under the By-laws and Rules have been exhausted. Imme-

diate notice of suspension shall be given by the Interstate Commission to

the Governor, the Chief Justice or Chief Judicial Officer of the state; the

majority and minority leaders of the defaulting state's legislature, and the

State Council.

(2) The grounds for default include, but are not limited to, failure of

a compacting state to perform such obligations or responsibilities imposed

upon it by this compact, Interstate Commission By-laws, or duly prom-

ulgated Rules. The Interstate Commission shall immediately notify the

defaulting state in writing of the penalty imposed by the Interstate Com-

mission on the defaulting state pending a cure of the default. The Inter-

state Commission shall stipulate the conditions and the time period within

which the defaulting state must cure its default. If the defaulting state

fails to cure the default within the time period specified by the Interstate

Commission, in addition to any other penalties imposed herein, the de-

faulting state may be terminated from the compact upon an affirmative

vote of a majority of the compacting states and all rights, privileges and

benefits conferred by this compact shall be terminated from the effective

date of suspension. Within sixty days of the effective date of termination

of a defaulting state, the Interstate Commission shall notify the Governor,

the Chief Justice or Chief Judicial Officer and the Majority and Minority

Leaders of the defaulting state's Legislature and the State Council of such

termination.

(3) The defaulting state is responsible for all assessments, obligations

and liabilities incurred through the effective date of termination including

any obligations, the performance of which extends beyond the effective

date of termination.

(4) The Interstate Commission shall not bear any costs relating to the

defaulting state unless otherwise mutually agreed upon between the In-

terstate Commission and the defaulting state. Reinstatement following

termination of any compacting state requires both a reenactment of the

compact by the defaulting state and the approval of the Interstate Com-

mission pursuant to the Rules.

(c) Judicial Enforcement. The Interstate Commission may, by ma-

jority vote of the members, initiate legal action in the United States Dis-

trict Court for the District of Columbia or, at the discretion of the Inter-

state 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 com-

pacting state in default. In the event judicial enforcement is necessary

the prevailing party shall be awarded all costs of such litigation including

reasonable attorneys fees.

(d) Dissolution of Compact. (1) The compact dissolves effective upon

the date of the withdrawal or default of the compacting state which re-

duces membership in the compact to one compacting state.

(2) Upon the dissolution of this compact, the compact becomes null

and void and shall be of no further force or effect, and the business and

affairs of the Interstate Commission shall be wound up and any surplus

funds shall be distributed in accordance with the By-laws.


ARTICLE XIII

SEVERABILITY AND CONSTRUCTION


(a) The provisions of this compact shall be severable, and if any phrase,

clause, sentence or provision is deemed unenforceable, the remaining

provisions of the compact shall be enforceable.

(b) The provisions of this compact shall be liberally constructed to

effectuate its purposes.


ARTICLE XIV

BINDING EFFECT OF COMPACT AND OTHER LAWS


(a) Other Laws. (1) Nothing herein prevents the enforcement of any

other law of a compacting state that is not inconsistent with this compact.

(2) All compacting states' laws conflicting with this compact are su-

perseded to the extent of the conflict.

(b) Binding Effect of the Compact. (1) All lawful actions of the In-

terstate Commission, including all Rules and By-laws promulgated by the

Interstate Commission, are binding upon the compacting states.

(2) All agreements between the Interstate Commission and the com-

pacting states are binding in accordance with their terms.

(3) Upon the request of a party to a conflict over meaning or inter-

pretation of Interstate Commission actions, and upon a majority vote of

the compacting states, the Interstate Commission may issue advisory

opinions regarding such meaning or interpretation.

(4) In the event any provision of this compact exceeds the constitu-

tional limits imposed on the legislature of any compacting state, the ob-

ligations, duties, powers or jurisdiction sought to be conferred by such

provision upon the Interstate Commission shall be ineffective and such

obligations, duties, powers or jurisdiction shall remain in the compacting

state and shall be exercised by the agency thereof to which such obliga-

tions, duties, powers or jurisdiction are delegated by law in effect at the

time this compact becomes effective.

Sec. 2. K.S.A. 22-4101, 22-4102 and 22-4103 are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after the

later of July 1, 2002, or upon enactment into law by the 35th jurisdiction,

and its publication in the statute book.

Approved April 4, 2002.


__________




Date Composed: 10/10/2002 Date Modified: 10/10/2002