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.
Section 1. This act may be cited as the Interstate Compact for Adult
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
(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.
(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.
THE COMPACT 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
(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
(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
(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.
THE STATE COUNCIL
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
(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.
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
(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
(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-
(18) To coordinate education, training and public awareness regard-
ing the interstate movement of offenders for officials involved in such
(19) To establish uniform standards for the reporting, collecting, and
exchanging of data.
ORGANIZATION AND OPERATION OF THE
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
(4) establishing the titles and responsibilities of the officers of the
(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
(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
(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.
ACTIVITIES OF THE INTERSTATE COMMISSION
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
(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-
(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
(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-
(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
(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.
RULEMAKING FUNCTIONS OF THE INTERSTATE
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;
(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.
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.
the reasonable expenses of its establishment, organization and ongoing
(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
COMPACTING STATES, EFFECTIVE DATE AND
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.
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-
(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
(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
(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.
SEVERABILITY AND CONSTRUCTION
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.
BINDING EFFECT OF COMPACT AND OTHER LAWS
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