7112 - Authority to execute compact.

     § 7112.  Authority to execute compact.        The Governor of Pennsylvania, on behalf of this State, is     hereby authorized to execute a compact in substantially the     following form with any one or more of the states of the United     States, and the General Assembly hereby signifies in advance its     approval and ratification of such compact:                                ARTICLE I                                 PURPOSE        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 necessary return     offenders to the originating jurisdictions. The compacting     states also recognize that Congress, by enacting the Crime     Control Act, 4 U.S.C. § 112 (relating to compacts between States     for cooperation in prevention of crime; consent of Congress),     has authorized and encouraged compacts for cooperative efforts     and mutual assistance in the prevention of crime. 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. In addition, this compact will: create an     Interstate Commission which will establish uniform procedures to     manage the movement between 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 authorized criminal     justice officials, and regular reporting of Compact activities     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 interventions to address and correct non-     compliance; and coordinate training and education regarding     regulations of interstate movement of offenders for officials     involved in such activity. 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 Bylaws and Rules promulgated hereunder. 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 are therefore public business.                                ARTICLE II                               DEFINITIONS        As used in this compact, unless the context clearly requires     a different construction:        "Adult" means both individuals legally classified as adults     and juveniles treated as adults by court order, statute, or     operation of law.        "Bylaws" means those Bylaws established by the Interstate     Commission for its governance, or for directing or controlling     the Interstate Commission's actions or conduct.        "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 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.        "Compacting state" means any state which has enacted the     enabling legislation for this compact.        "Commissioner" means the voting representative of each     compacting state appointed pursuant to Article III of this     compact.        "Interstate Commission" means the Interstate Commission for     Adult Offender Supervision established by this compact.        "Member" means the commissioner of a compacting state or     designee, who shall be a person officially connected with the     commissioner.        "Non-compacting state" means any state which has not enacted     the enabling legislation for this compact.        "Offender" means an adult placed under, or subject to,     supervision as the result of the commission of a criminal     offense and released to the community under the jurisdiction of     courts, paroling authorities, corrections, or other criminal     justice agencies.        "Person" means any individual, corporation, business     enterprise, or other legal entity, either public or private.        "Rules" means acts of the Interstate Commission, duly     promulgated 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.        "State" means a state of the United States, the District of     Columbia and any other territorial possessions of the United     States.        "State Council" means the resident members of the State     Council for Interstate Adult Offender Supervision created by     each state under Article III of this compact.                               ARTICLE III                          THE COMPACT COMMISSION        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 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. The Interstate Commission shall consist     of Commissioners selected and appointed by resident members of a     State Council for Interstate Adult Offender Supervision for each     state.        In addition to the Commissioners 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     members 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 (non-voting) members.     The Interstate Commission may provide in its Bylaws for such     additional, ex-officio, non-voting members as it deems     necessary.        Each compacting state represented at any meeting of the     Interstate 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 Bylaws of     the Interstate Commission.        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.        The Interstate Commission shall establish an Executive     Committee which shall include commission officers, members and     others as shall be determined by the Bylaws. 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 rulemaking     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 Bylaws and as directed by the Interstate Commission and     performs other duties as directed by Commission or set forth in     the Bylaws.                                ARTICLE IV                            THE STATE COUNCIL        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 Compact 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. Each     compacting state retains the right to determine the     qualifications of the Compact Administrator who shall be     appointed by the Governor in consultation with the Legislature     and the Judiciary. 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     procedures of the compact within that state.                                ARTICLE V              POWERS AND DUTIES OF THE INTERSTATE COMMISSION        The Interstate Commission shall have the following powers:        To adopt a seal and suitable Bylaws governing the management     and operation of the Interstate Commission.        To promulgate rules 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.        To oversee, supervise and coordinate the interstate movement     of offenders subject to the terms of this compact and any Bylaws     adopted and rules promulgated by the compact commission.        To enforce compliance with compact provisions, Interstate     Commission rules, and Bylaws, using all necessary and proper     means, including, but not limited to, the use of judicial     process.        To establish and maintain offices.        To purchase and maintain insurance and bonds.        To borrow, accept, or contract for services of personnel,     including, but not limited to, members and their staffs.        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.        To elect or appoint such officers, attorneys, employees,     agents, or consultants, and to fix their compensation, define     their duties and determine 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.        To accept any and all donations and grants of money,     equipment, supplies, materials, and services, and to receive,     utilize, and dispose of same.        To lease, purchase, accept contributions or donations of, or     otherwise to own, hold, improve or use any property, real,     personal, or mixed.        To sell, convey, mortgage, pledge, lease, exchange, abandon,     or otherwise dispose of any property, real, personal or mixed.        To establish a budget and make expenditures and levy dues as     provided in Article X of this compact.        To sue and be sued.        To provide for dispute resolution among Compacting States.        To perform such functions as may be necessary or appropriate     to achieve the purposes of this compact.        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 Interstate Commission.        To coordinate education, training and public awareness     regarding the interstate movement of offenders for officials     involved in such activity.        To establish uniform standards for the reporting, collecting,     and exchanging of data.                                ARTICLE VI         ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION     Section A.  Bylaws        The Interstate Commission shall, by a majority of the     Members, within twelve months of the first Interstate Commission     meeting, adopt Bylaws to govern its conduct as may be necessary     or appropriate to carry out the purposes of the Compact,     including, but not limited to: establishing the fiscal year of     the Interstate Commission; 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;     providing reasonable procedures for calling and conducting     meetings of the Interstate Commission, and ensuring reasonable     notice of each such meeting; establishing the titles and     responsibilities of the officers of the Interstate Commission;     providing reasonable standards and procedures for the     establishment of the personnel policies and programs of the     Interstate Commission. Notwithstanding any civil service or     other similar laws of any Compacting State, the Bylaws shall     exclusively govern the personnel policies and programs of the     Interstate Commission; and providing a mechanism for winding up     the operations of the Interstate 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; providing transition rules for "start up"     administration of the Compact; establishing standards and     procedures for compliance and technical assistance in carrying     out the Compact.     Section B.  Officers and Staff        The Interstate Commission shall, by a majority 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 Bylaws. 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; PROVIDED THAT, subject to the     availability of budgeted funds, the officers shall be reimbursed     for any actual and necessary costs and expenses incurred by them     in the performance of their duties and responsibilities as     officers of the Interstate Commission.        The Interstate Commission shall, through its executive     committee, appoint or retain an executive director for such     period, upon such terms and conditions and for such compensation     as the Interstate Commission may deem appropriate. The executive     director shall serve as secretary 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.     Section C.  Corporate Records of the Interstate Commission        The Interstate Commission shall maintain its corporate books     and records in accordance with the Bylaws.     Section D.  Qualified Immunity, Defense and Indemnification        The Members, officers, executive director and employees of     the Interstate Commission 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     Interstate Commission employment, duties or responsibilities;     PROVIDED, 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.        The Interstate Commission shall defend the Commissioner of a     Compacting State, or his or her 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 Commission 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; PROVIDED, that the     actual or alleged act, error or omission did not result from     intentional wrongdoing on the part of such person.        The Interstate Commission shall indemnify and hold the     Commissioner 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 responsibilities, 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 omission did not result from gross negligence or     intentional wrongdoing on the part of such person.                               ARTICLE VII                 ACTIVITIES OF THE INTERSTATE COMMISSION        The Interstate Commission shall meet and take such actions as     are consistent with the provisions of this Compact.        Except as otherwise provided in this Compact and unless a     greater percentage is required by the Bylaws, 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.        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 Bylaws may provide for Members'     participation in meetings 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.        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.        The Interstate Commission's Bylaws 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 confidentiality provisions.        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 Interstate 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:        relate solely to the Interstate Commission's internal     personnel practices and procedures;        disclose matters specifically exempted from disclosure by     statute;        disclose trade secrets or commercial or financial information     which is privileged or confidential;        involve accusing any person of a crime, or formally censuring     any person;        disclose information of a personal nature where disclosure     would constitute a clearly unwarranted invasion of personal     privacy;        disclose investigatory records compiled for law enforcement     purposes;        disclose information contained in or related to examination,     operating 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;        disclose information, the premature disclosure of which would     significantly endanger the life of a person or the stability of     a regulated entity;        specifically relate to the Interstate Commission's issuance     of a subpoena, or its participation in a civil action or     proceeding.        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 exemptive     provision. 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.        The Interstate Commission shall collect standardized data     concerning the interstate movement of offenders as directed     through its Bylaws and Rules which shall specify the data to be     collected and the means of collection and data exchange and     reporting requirements.                               ARTICLE VIII            RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION        The Interstate Commission shall promulgate Rules in order to     effectively and efficiently achieve the purposes of the Compact     including transition rules governing administration of the     Compact during the period in which it is being considered and     enacted by the states.        Rulemaking shall occur pursuant to the criteria set forth in     this Article and the Bylaws and Rules adopted pursuant thereto.     Such rulemaking shall substantially conform to the principles of     the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs.     II (relating to administrative procedure) and III (relating to     negotiated rulemaking procedure), and the Federal 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     specified in each Rule or amendment.        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.        When promulgating a Rule, the Interstate Commission shall:        publish the proposed Rule stating with particularity the text     of the Rule which is proposed and the reason for the proposed     Rule;        allow persons to submit written data, facts, opinions and     arguments, which information shall be publicly available;        provide an opportunity for an informal hearing; and        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     District 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.        Subjects to be addressed within 12 months after the first     meeting must at a minimum include:        notice to victims and opportunity to be heard;        offender registration and compliance;        violations/ returns;        transfer procedures and forms;        eligibility for transfer;        collection of restitution and fees from offenders; tf        data collection and reporting;        the level of supervision to be provided by the receiving     state;        transition rules governing the operation of the compact and     the Interstate Commission during all or part of the period     between the effective date of the compact and the date on which     the last eligible state adopts the compact;        mediation, arbitration and dispute resolution.        The existing rules governing the operation of the previous     compact superseded by this Act shall be null and void twelve     (12) months after the first meeting of the Interstate Commission     created hereunder.        Upon determination by the Interstate Commission that an     emergency 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 90 days after the effective     date of the rule.                                ARTICLE IX              OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION                       BY THE INTERSTATE COMMISSION     Section A.  Oversight        The Interstate Commission shall oversee the interstate     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.        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 administrative 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.     Section B.  Dispute Resolution        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.        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 Bylaw or promulgate a     Rule providing for both mediation and binding dispute resolution     for disputes among the Compacting States.     Section C.  Enforcement        The Interstate Commission, in the reasonable exercise of its     discretion, shall enforce the provisions of this compact using     any or all means set forth in Article XII, Section B, of this     compact.     Section D.  Extradition        The duly accredited officers of a sending state may at all     times enter a receiving state, and there apprehend and retake     any person on probation or parole. For that purpose, no     formalities will be required other than establishing the     authority of the officer and the identity of the person to be     retaken. All legal requirements to obtain extradition of     fugitives from justice are hereby expressly waived on the part     of states party hereto as to such persons. The decision of the     sending state to retake a person on probation or parole shall be     conclusive upon and not reviewable within the receiving state.     If at the time when a state seeks to retake a probationer or     parolee, there should be pending against him within the     receiving state any criminal charge, or he is suspected of     having committed within such state a criminal offense, he shall     not be retaken without the consent of the receiving state until     discharged from prosecution or from imprisonment for such     offense. The duly accredited officers of the sending state will     be permitted to transport prisoners being retaken through any     and all states parties to this compact without interference.                                ARTICLE X                                 FINANCE        The Interstate Commission shall pay or provide for the     payment of the reasonable expenses of its establishment,     organization and ongoing activities.        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     Compacting State and shall promulgate a Rule binding upon all     Compacting States which governs said assessment.        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.        The Interstate Commission shall keep accurate accounts of all     receipts and disbursements. The receipts and disbursements of     the Interstate Commission shall be subject to the audit and     accounting procedures established under its Bylaws. However, all     receipts and disbursements 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        Any state, as defined in Article II of this Compact, is     eligible to become a Compacting State. 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 designees 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.        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     Section A.  Withdrawal        Once effective, the Compact shall continue in force and     remain binding upon each and every Compacting State; PROVIDED,     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. The     effective date of withdrawal is the effective date of the     repeal.        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 Commission shall notify the other Compacting     States of the Withdrawing State's intent to withdraw within     sixty days of its receipt thereof.        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.        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.     Section B.  Default        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 Compact, the Bylaws or any duly promulgated Rules the     Interstate Commission may impose any or all of the following     penalties:        Fines, fees and costs in such amounts as are deemed to be     reasonable as fixed by the Interstate Commission;        Remedial training and technical assistance as directed by the     Interstate Commission;        Suspension and termination of membership in the Compact.        Suspension shall be imposed only after all other reasonable     means of securing compliance under the Bylaws and Rules have     been exhausted. Immediate 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.        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 Bylaws, or duly promulgated Rules. The Interstate     Commission shall immediately notify the Defaulting State in     writing of the penalty imposed by the Interstate Commission on     the Defaulting State pending a cure of the default. The     Interstate 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     Defaulting 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.        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.        The Interstate Commission shall not bear any costs relating     to the Defaulting State unless otherwise mutually agreed upon     between the Interstate 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 Commission pursuant to     the Rules.     Section C.  Judicial Enforcement        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     Bylaws, against any Compacting 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.     Section D.  Dissolution of Compact        The Compact dissolves effective upon the date of the     withdrawal or default of the Compacting State which reduces     membership in the Compact to one Compacting State.        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 Bylaws.                               ARTICLE XIII                      SEVERABILITY AND CONSTRUCTION        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.     The provisions of this Compact shall be liberally constructed to     effectuate its purposes.                               ARTICLE XIV                 BINDING EFFECT OF COMPACT AND OTHER LAWS     Section A.  Other Laws        Nothing herein prevents the enforcement of any other law of a     Compacting State that is not inconsistent with this Compact. All     Compacting States' laws conflicting with this Compact are     superseded to the extent of the conflict.     Section B.  Binding Effect of the Compact        All lawful actions of the Interstate Commission, including     all Rules and Bylaws promulgated by the Interstate Commission,     are binding upon the Compacting States.        All agreements between the Interstate Commission and the     Compacting States are binding in accordance with their terms.        Upon the request of a party to a conflict over meaning or     interpretation 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.        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 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     obligations, duties, powers or jurisdiction are delegated by law     in effect at the time this Compact becomes effective.