16.1-323 - Governor to execute; form of compact.
§ 16.1-323. Governor to execute; form of compact.
The Governor of Virginia is hereby authorized and requested to execute, onbehalf of the Commonwealth of Virginia, with any other state or stateslegally joining therein, a compact which shall be in form substantially asfollows:
Article I. Purpose.
The compacting states to this Interstate Compact recognize that each state isresponsible for the proper supervision or return of juveniles, delinquents,and status offenders who are on probation or parole and who have absconded,escaped or run away from supervision and control and in so doing haveendangered their own safety and the safety of others. The compacting statesalso recognize that each state is responsible for the safe return ofjuveniles who have run away from home and in doing so have left their stateof residence. The compacting states also recognize that Congress by enactingthe Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouragedcompacts for cooperative efforts and mutual assistance in the prevention ofcrime.
It is the purpose of this compact, through means of joint and cooperativeaction among the compacting states, to (i) ensure that the adjudicatedjuveniles and status offenders subject to this compact are provided adequatesupervision and services in the receiving state as ordered by theadjudicating judge or parole authority in the sending state; (ii) ensure thatthe public safety interests of the citizens, including the victims ofjuvenile offenders, in both the sending and receiving states are adequatelyprotected; (iii) return juveniles who have run away, absconded or escapedfrom supervision or control or have been accused of an offense to the staterequesting their return; (iv) make contracts for the cooperativeinstitutionalization in public facilities in member states for delinquentyouth needing special services; (v) provide for the effective tracking andsupervision of juveniles; (vi) equitably allocate the costs, benefits andobligations of the compacting states; (vii) establish procedures to managethe movement between states of juvenile offenders released to the communityunder the jurisdiction of courts, juvenile departments, or any other criminalor juvenile justice agency that has jurisdiction over juvenile offenders;(viii) ensure immediate notice to jurisdictions where defined offenders areauthorized to travel or to relocate across state lines; (ix) establishprocedures to resolve pending charges (detainers) against juvenile offendersprior to transfer or release to the community under the terms of thiscompact; (x) establish a system of uniform data collection on informationpertaining to juveniles subject to this compact that allows access byauthorized juvenile justice and criminal justice officials, and regularreporting of compact activities to heads of state executive, judicial, andlegislative branches and juvenile and criminal justice administrators; (xi)monitor compliance with rules governing interstate movement of juveniles andinitiate interventions to address and correct noncompliance; (xii) coordinatetraining and education regarding the regulation of interstate movement ofjuveniles for officials involved in such activity; and (xiii) coordinate theimplementation and operation of the compact with the Interstate Compact onthe Placement of Children, the Interstate Compact for Adult OffenderSupervision, and other compacts affecting juveniles particularly in thosecases where concurrent or overlapping supervision issues arise. It is thepolicy of the compacting states that the activities conducted by theInterstate Commission created herein are the formation of public policies andtherefore are public business. Furthermore, the compacting states shallcooperate and observe their individual and collective duties andresponsibilities for the prompt return and acceptance of juveniles subject tothe provisions of this compact. The provisions of this compact shall bereasonably and liberally construed to accomplish the purposes and policies ofthe compact.
Article II. Definitions.
As used in this compact, unless the context clearly requires a differentconstruction:
"Bylaws" means those bylaws established by the Interstate Commission forits governance or for directing or controlling its actions or conduct.
"Commissioner" means the voting representative of each compacting stateappointed pursuant to Article III of this compact.
"Compact administrator" means the individual in each compacting stateappointed pursuant to the terms of this compact responsible for theadministration and management of the state's supervision and transfer ofjuveniles subject to the terms of this compact, the rules adopted by theInterstate Commission, and policies adopted by the state council under thiscompact.
"Compacting state" means any state that has enacted the enablinglegislation for this compact.
"Court" means any court having jurisdiction over delinquent, neglected, ordependent children.
"Deputy compact administrator" means the individual, if any, in eachcompacting state appointed to act on behalf of a compact administratorpursuant to the terms of this compact responsible for the administration andmanagement of the state's supervision and transfer of juveniles subject tothe terms of this compact, the rules adopted by the Interstate Commission andpolicies adopted by the state council under this compact.
"Interstate Commission" means the Interstate Commission for Juvenilescreated by Article III of this compact.
"Juvenile" means any person defined as a juvenile in any member state or bythe rules of the Interstate Commission, including:
1. Accused delinquent: a person charged with an offense that, if committed byan adult, would be a criminal offense;
2. Accused status offender: a person charged with an offense that would notbe a criminal offense if committed by an adult;
3. Adjudicated delinquent: a person found to have committed an offense that,if committed by an adult, would be a criminal offense;
4. Adjudicated status offender: a person found to have committed an offensethat would not be a criminal offense if committed by an adult; and
5. Nonoffender: a person in need of supervision who has not been accused ofbeing or adjudicated a status offender or delinquent.
"Noncompacting state" means any state that has not enacted the enablinglegislation for this compact.
"Probation or parole" means any kind of supervision or conditional releaseof juveniles authorized under the laws of the compacting states.
"Rule" means a written statement by the Interstate Commission promulgatedpursuant to Article VI of this compact that is of general applicability,implements, interprets or prescribes a policy or provision of the compact, oran organizational, procedural, or practice requirement of the commission,that has the force and effect of statutory law in a compacting state, andincludes the amendment, repeal, or suspension of an existing rule.
"State" means a state of the United States, the District of Columbia or itsdesignee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,American Samoa, or the Northern Marianas Islands.
Article III. Interstate Commission for Juveniles.
A. The compacting states hereby create the "Interstate Commission forJuveniles." The commission shall be a body corporate and joint agency of thecompacting states. The commission shall have all the responsibilities, powersand duties set forth herein and additional powers as may be conferred upon itby subsequent action of the respective legislatures of the compacting statesin accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointed by theappropriate appointing authority in each state pursuant to the rules andrequirements of each compacting state and in consultation with the StateCouncil for Interstate Juvenile Supervision created in Article IX. Thecommissioner shall be the compact administrator, deputy compactadministrator, or designee from that state who shall serve on the InterstateCommission in such capacity under or pursuant to the applicable law of thecompacting state.
C. In addition to the commissioners who are the voting representatives ofeach state, the Interstate Commission shall include individuals who are notcommissioners but who are members of interested organizations. Suchnoncommissioner members shall include a member of the national organizationsof governors, legislators, state chief justices, attorneys general,Interstate Compact for Adult Offender Supervision, Interstate Compact on thePlacement of Children, juvenile justice and juvenile corrections officials,and crime victims. All noncommissioner members of the Interstate Commissionshall be ex officio (nonvoting) members. The Interstate Commission mayprovide in its bylaws for such additional ex officio (nonvoting) members,including members of other national organizations, in such numbers as shallbe determined by the commission.
D. Each compacting state represented at any meeting of the commission isentitled to one vote. A majority of the compacting states shall constitute aquorum for the transaction of business, unless a larger quorum is required bythe bylaws of the Interstate Commission.
E. The commission shall meet at least once each calendar year. Thechairperson may call additional meetings and, upon the request of a simplemajority of the compacting states, shall call additional meetings. Publicnotice shall be given of all meetings and meetings shall be open to thepublic.
F. The Interstate Commission shall establish an executive committee, whichshall include commission officers, members, and others as determined by thebylaws. The executive committee shall have the power to act on behalf of theInterstate Commission during periods when the Interstate Commission is not insession, with the exception of rulemaking or amendment to the compact. Theexecutive committee shall oversee the day-to-day activities of theadministration of the compact managed by an executive director and InterstateCommission staff; administer enforcement and compliance with the provisionsof the compact, its bylaws, and rules; and perform other duties as directedby the Interstate Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the right and power tocast a vote to which that compacting state is entitled and to participate inthe business and affairs of the Interstate Commission. A member shall vote inperson and shall not delegate a vote to another compacting state. However, acommissioner, in consultation with the state council, shall appoint anotherauthorized representative, in the absence of the commissioner from thatstate, to cast a vote on behalf of the compacting state at a specificmeeting. The bylaws may provide for members' participation in meetings bytelephone or other means of telecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions andprocedures under which the Interstate Commission shall make its informationand official records available to the public for inspection or copying. TheInterstate Commission may exempt from disclosure any information or officialrecords to the extent that they would adversely affect personal privacyrights or proprietary interests.
I. Public notice shall be given of all meetings, and all meetings shall beopen to the public except as set forth in the rules or as otherwise providedin the compact. The Interstate Commission and any of its committees may closea meeting to the public where it determines by two-thirds vote that an openmeeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel practicesand procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial information that isprivileged or confidential;
4. Involve accusing any person of a crime or formally censuring any person;
5. Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law-enforcement purposes;
7. Disclose information contained in or related to examination, operating, orcondition reports prepared by, on behalf of, or for the use of the InterstateCommission with respect to a regulated person or entity for the purpose ofregulation or supervision of such person or entity;
8. Disclose information the premature disclosure of which would significantlyendanger the stability of a regulated person or entity; or
9. Specifically relate to the Interstate Commission's issuance of a subpoenaor its participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this provision, the InterstateCommission's legal counsel shall publicly certify that, in the legalcounsel's opinion, the meeting may be closed to the public and shallreference each relevant exemptive provision. The Interstate Commission shallkeep minutes that shall fully and clearly describe all matters discussed inany meeting and shall provide a full and accurate summary of any actionstaken and the reasons therefor, including a description of each of the viewsexpressed on any item and the record of any roll call vote (reflected in thevote of each member on the question). All documents considered in connectionwith any action shall be identified in the minutes.
K. The Interstate Commission shall collect standardized data concerning theinterstate movement of juveniles as directed through its rules that shallspecify the data to be collected, the means of collection and data exchange,and reporting requirements. Such methods of data collection, exchange, andreporting shall insofar as is reasonably possible conform to up-to-datetechnology and coordinate its information functions with the appropriaterepository of records.
Article IV. Powers and Duties of the Interstate Commission.
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting states;
2. To promulgate rules to effect the purposes and obligations as enumeratedin this compact, which shall have the force and effect of statutory law andshall be binding in the compacting states to the extent and in the mannerprovided in this compact;
3. To oversee, supervise, and coordinate the interstate movement of juvenilessubject to the terms of this compact and any bylaws adopted and rulespromulgated by the Interstate Commission;
4. To enforce compliance with the compact provisions, the rules promulgatedby the Interstate Commission, and the bylaws, using all necessary and propermeans, including but not limited to the use of judicial process;
5. To establish and maintain offices that shall be located within one or moreof the compacting states;
6. To purchase and maintain insurance and bonds;
7. To borrow, accept, hire, or contract for services of personnel;
8. To establish and appoint committees and hire staff that it deems necessaryfor carrying out its functions including but not limited to an executivecommittee as required by Article III that shall have the power to act onbehalf of the Interstate Commission in carrying out its powers and dutieshereunder;
9. To elect or appoint such officers, attorneys, employees, agents, orconsultants and to fix their compensation, define their duties and determinetheir qualifications and to establish the Interstate Commission's personnelpolicies and programs relating to, inter alia, conflicts of interest, ratesof 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 it;
11. To lease, purchase, accept contributions or donations of, or otherwise toown, hold, improve or use, any property, real, personal, or mixed;
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of any property, real, personal, or mixed;
13. To establish a budget and make expenditures and levy dues as provided inArticle VIII of this compact;
14. To sue and be sued;
15. To adopt a seal and bylaws governing the management and operation of theInterstate Commission;
16. To perform such functions as may be necessary or appropriate to achievethe purposes of this compact;
17. To report annually to the legislatures, governors, judiciary, and statecouncils of the compacting states concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission;
18. To coordinate education, training, and public awareness regarding theinterstate movement of juveniles for officials involved in such activity;
19. To establish uniform standards of the reporting, collecting, andexchanging of data; and
20. To maintain its corporate books and records in accordance with the bylaws.
Article V. Organization and Operation of the Interstate Commission.
A. Bylaws.
1. The Interstate Commission shall, by a majority of the members present andvoting, within 12 months after the first Interstate Commission meeting, adoptbylaws to govern its conduct as may be necessary or appropriate to carry outthe purposes of the compact, including but not limited to:
a. Establishing the fiscal year of the Interstate Commission;
b. Establishing an executive committee and such other committees as may benecessary;
c. Providing for the establishment of committees governing any general orspecific delegation of any authority or function of the Interstate Commission;
d. Providing reasonable procedures for calling and conducting meetings of theInterstate Commission and ensuring reasonable notice of each such meeting;
e. Establishing the titles and responsibilities of the officers of theInterstate Commission;
f. Providing a mechanism for concluding the operations of the InterstateCommission and the return of any surplus funds that may exist upon thetermination of the compact after the payment or reserving of all its debtsand obligations;
g. Providing start-up rules for initial administration of the compact; and
h. Establishing standards and procedures for compliance and technicalassistance in carrying out the compact.
B. Officers and staff.
1. The Interstate Commission shall, by a majority of the members, electannually from among its members a chairman and a vice-chairman, each of whomshall have such authority and duties as may be specified in the bylaws. Thechairman or, in the chairman's absence or disability, the vice-chairman shallpreside at all meetings of the Interstate Commission. The officers so electedshall serve without compensation or remuneration from the InterstateCommission; provided that, subject to the availability of budgeted funds, theofficers shall be reimbursed for any ordinary and necessary costs andexpenses incurred by them in the performance of their duties andresponsibilities as officers of the Interstate Commission.
2. The Interstate Commission shall, through its executive committee, appointor retain an executive director for such period, upon such terms andconditions, and for such compensation as the Interstate Commission may deemappropriate. The executive director shall serve as secretary to theInterstate Commission but shall not be a member and shall hire and supervisesuch other staff as may be authorized by the Interstate Commission.
C. Qualified immunity, defense and indemnification.
1. The commission's executive director and employees shall be immune fromsuit and liability, either personally or in their official capacity, for anyclaim for damage to or loss of property or personal injury or other civilliability caused by, arising out of, or relating to any actual or allegedact, error, or omission that occurred or that such person had a reasonablebasis for believing occurred within the scope of commission employment,duties, or responsibilities; however, any such person shall not be protectedfrom suit or liability for any damage, loss, injury, or liability caused bythe intentional or willful and wanton misconduct of any such person.
2. The liability of any commissioner or the employee or agent of acommissioner, acting within the scope of such person's employment or duties,for acts, errors, or omissions occurring within such person's state may notexceed the limits of liability set forth under the constitution and laws ofthat state for state officials, employees, and agents. Nothing in thissubdivision shall be construed to protect any such person from suit orliability for any damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of any such person.
3. The Interstate Commission shall defend the executive director or theemployees or representatives of the Interstate Commission and, subject to theapproval of the attorney general of the state represented by any commissionerof a compacting state, shall defend such commissioner or the commissioner'srepresentatives or employees in any civil action seeking to impose liabilityarising out of any actual or alleged act, error, or omission that occurredwithin the scope of Interstate Commission employment, duties, orresponsibilities or that the defendant had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the partof such person.
4. The Interstate Commission shall indemnify and hold the commissioner of acompacting state, the commissioner's representatives or employees, or theInterstate Commission's representatives or employees harmless in the amountof any settlement or judgment obtained against such persons arising out ofany actual or alleged act, error, or omission that occurred within the scopeof Interstate Commission employment, duties, or responsibilities or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities, provided thatthe actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such persons.
Article VI. Rulemaking Functions of the Interstate Commission.
A. The Interstate Commission shall promulgate and publish rules in order toeffectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this articleand the bylaws and rules adopted pursuant thereto. Such rulemaking shallsubstantially conform to the principles of the Model State AdministrativeProcedure Act, 1981 Act, Uniform Laws Annotated, vol. 15, p. 1 (2000), orsuch other administrative procedures act, as the Interstate Commission deemsappropriate consistent with due process requirements under the U.S.Constitution as now or hereafter interpreted by the U.S. Supreme Court. Allrules and amendments shall become binding as of the date specified, aspublished with the final version of the rule as approved by the commission.
C. When promulgating a rule, the Interstate Commission shall, at a minimum:
1. Publish the proposed rule's entire text, stating the reasons for thatproposed rule;
2. Allow and invite any and all persons to submit written data, facts,opinions and arguments, which information shall be added to the record and bemade publicly available;
3. Provide an opportunity for an informal hearing if petitioned by 10 or morepersons; and
4. Promulgate a final rule and its effective date, if appropriate, based oninput from state or local officials or interested parties.
D. Allow, not later than 60 days after a rule is promulgated, any interestedperson to file a petition in the United States District Court for theDistrict of Columbia or in the federal district court where the InterstateCommission's principal office is located for judicial review of such rule. Ifthe court finds that the Interstate Commission's action is not supported bysubstantial evidence in the rulemaking record, the court shall hold the ruleunlawful and set it aside. For purposes of this subsection, evidence issubstantial if it would be considered substantial evidence under the ModelState Administrative Procedure Act.
E. If a majority of the legislatures of the compacting states rejects a rule,those states may, by enactment of a statute or resolution in the same mannerused to adopt the compact, cause that such rule shall have no further forceand effect in any compacting state.
F. The existing rules governing the operation of the Interstate Compact onJuveniles superseded by this act shall be null and void 12 months after thefirst meeting of the Interstate Commission created hereunder.
G. Upon determination by the Interstate Commission that a state of emergencyexists, it may promulgate an emergency rule that shall become effectiveimmediately upon adoption, provided that the usual rulemaking proceduresprovided hereunder shall be retroactively applied to the rule as soon asreasonably possible, but no later than 90 days after the effective date ofthe emergency rule.
Article VII. Oversight, Enforcement and Dispute Resolution by the InterstateCommission.
A. Oversight.
1. The Interstate Commission shall oversee the administration and operationsof the interstate movement of juveniles subject to this compact in thecompacting states and shall monitor such activities being administered innoncompacting states that might significantly affect compacting states.
2. The courts and executive agencies in each compacting state shall enforcethis compact and shall take all actions necessary and appropriate toeffectuate the compact's purposes and intent. The provisions of this compactand the rules promulgated hereunder shall be received by all the judges,public officers, commissions, and departments of the state government asevidence of the authorized statute and administrative rules. All courts shalltake judicial notice of the compact and the rules. In any judicial oradministrative proceeding in a compacting state pertaining to the subjectmatter of this compact that may affect the powers, responsibilities oractions of the Interstate Commission, it shall be entitled to receive allservice of process in any such proceeding and shall have standing tointervene in the proceeding for all purposes.
B. Dispute resolution.
1. The compacting states shall report to the Interstate Commission on allissues and activities necessary for the administration of the compact as wellas issues and activities pertaining to compliance with the provisions of thecompact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of a compactingstate, to resolve any disputes or other issues that are subject to thecompact and that may arise among compacting states and between compacting andnoncompacting states. The commission shall promulgate a rule providing forboth mediation and binding dispute resolution for disputes among thecompacting states.
3. The Interstate Commission, in the reasonable exercise of its discretion,shall enforce the provisions and rules of this compact using any means setforth in Article XI of this compact.
Article VIII. Finance.
A. The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization, and ongoingactivities.
B. The Interstate Commission shall levy on and collect an annual assessmentfrom each compacting state to cover the cost of the internal operations andactivities of the Interstate Commission and its staff that shall be in atotal amount sufficient to cover the Interstate Commission's annual budget asapproved each year. The aggregate annual assessment amount shall be allocatedbased upon a formula to be determined by the Interstate Commission, takinginto consideration the population of each compacting state and the volume ofinterstate movement of juveniles in each compacting state and shallpromulgate a rule binding upon all compacting states that governs saidassessment.
C. The Interstate Commission shall not incur any obligations of any kindprior to securing the funds adequate to meet them; nor shall the InterstateCommission pledge the credit of any of the compacting states, except by andwith the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensedpublic accountant, and the report of the audit shall be included in andbecome part of the annual report of the Interstate Commission.
Article IX. The State Council.
Each member state shall create a State Council for Interstate JuvenileSupervision. While each state may determine the membership of its own statecouncil, its membership shall include at least one representative from thelegislative, judicial, and executive branches of government, victims groups,and the compact administrator, deputy compact administrator, or designee.Each compacting state retains the right to determine the qualifications ofthe compact administrator or deputy compact administrator. Each state councilwill advise and may exercise oversight and advocacy concerning that state'sparticipation in Interstate Commission activities and other duties as may bedetermined by that state, including but not limited to development of policyconcerning operations and procedures of the compact within that state.
Article X. Compacting States, Effective Date and Amendment.
A. Any state, the District of Columbia or its designee, the Commonwealth ofPuerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the NorthernMarianas Islands are eligible to become a compacting state.
B. The compact shall become effective and binding upon legislative enactmentof the compact into law by no less than 35 of the states. The initialeffective date shall be the later of July 1, 2004, or upon enactment of thecompact into law by the 35th jurisdiction. Thereafter it shall becomeeffective and binding as to any other compacting state upon enactment of thecompact into law by that state. The governors of nonmember states or theirdesignees shall be invited to participate in the activities of the InterstateCommission on a nonvoting basis prior to adoption of the compact by allstates and territories of the United States.
C. The Interstate Commission may propose amendments to the compact forenactment by the compacting states. No amendment shall become effective andbinding upon the Interstate Commission and the compacting states unless anduntil it is enacted into law by unanimous consent of the compacting states.
Article XI. Withdrawal, Default, Termination, and Judicial Enforcement.
A. Withdrawal.
1. Once effective, the compact shall continue in force and remain bindingupon each compacting state; provided that a compacting state may withdrawfrom the compact by specifically repealing the statute that enacted thecompact into law.
2. The effective date of withdrawal is the effective date of the repeal.
3. The withdrawing state shall immediately notify the chairman of theInterstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall notify the other compacting states of the withdrawing state's intent towithdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, andliabilities incurred through the effective date of withdrawal, including anyobligations the performance of which extends beyond the effective date ofwithdrawal.
5. Reinstatement following withdrawal of any compacting state shall occurupon the withdrawing state's reenacting the compact or upon such later dateas determined by the Interstate Commission.
B. Technical assistance, fines, suspension, termination, and default.
1. If the Interstate Commission determines that any compacting state has atany time defaulted in the performance of any of its obligations orresponsibilities under this compact, the bylaws, or duly promulgated rules,the Interstate Commission may impose any or all of the following penalties:
a. Remedial training and technical assistance as directed by the InterstateCommission;
b. Alternative dispute resolution;
c. Fines, fees, and costs in such amounts as are deemed to be reasonable asfixed by the Interstate Commission; and
d. Suspension or termination of membership in the compact, which shall beimposed only after all other reasonable means of securing compliance underthe bylaws and rules have been exhausted and the Interstate Commission hastherefore determined that the offending state is in default. Immediate noticeof suspension shall be given by the Interstate Commission to the governor,the chief justice or the chief judicial officer of the state, the majorityand minority leaders of the defaulting state's legislature, and the statecouncil. The grounds for default include but are not limited to failure of acompacting state to perform such obligations or responsibilities imposed uponit by this compact, the bylaws, or duly promulgated rules and any othergrounds designated in commission bylaws and rules. The Interstate Commissionshall immediately notify the defaulting state in writing of the penaltyimposed by the Interstate Commission and of the default pending a cure of thedefault. The commission shall stipulate the conditions and the time periodwithin which the defaulting state shall cure its default. If the defaultingstate fails to cure the default within the time period specified by thecommission, the defaulting state shall be terminated from the compact upon anaffirmative vote of a majority of the compacting states and all rights,privileges, and benefits conferred by this compact shall be terminated fromthe effective date of termination.
2. Within 60 days of the effective date of the termination of a defaultingstate, the commission shall notify the governor, the chief justice or chiefjudicial officer, the majority and minority leaders of the defaulting state'slegislature, and the state council.
3. The defaulting state is responsible for all assessments, obligations, andliabilities incurred through the effective date of termination, including anyobligations the performance of which extends beyond the effective date oftermination.
4. The Interstate Commission shall not bear any costs relating to thedefaulting state unless otherwise mutually agreed upon in writing between theInterstate Commission and the defaulting state.
5. Reinstatement following termination of any compacting state requires botha reenactment of the compact by the defaulting state and the approval of theInterstate Commission pursuant to the rules.
C. Judicial enforcement.
The Interstate Commission may, by majority vote of the members, initiatelegal action in the United States District Court for the District of Columbiaor, at the discretion of the Interstate Commission, in the federal districtwhere the Interstate Commission has its offices, to enforce compliance withthe provisions of the compact, its duly promulgated rules, and bylaws,against any compacting state in default. In the event that judicialenforcement is necessary, the prevailing party shall be awarded all costs ofsuch litigation, including reasonable attorney fees.
D. Dissolution of compact.
1. The compact dissolves effective upon the date of the withdrawal or defaultof the compacting state that reduces membership in the compact to onecompacting state.
2. Upon the dissolution of this compact, the compact becomes null and voidand shall be of no further force or effect, and the business and affairs ofthe Interstate Commission shall be concluded and any surplus funds shall bedistributed in accordance with the bylaws.
Article XII. Severability and Construction.
A. The provisions of this compact shall be severable, and if any phrase,clause, sentence, or provision is deemed unenforceable, the remainingprovisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuateits purposes.
Article XIII. Binding Effect of Compact and Other Laws.
A. Other laws.
1. Nothing herein prevents the enforcement of any other law of a compactingstate that is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions and otherinterstate compacts conflicting with this compact are superseded to theextent of the conflict.
B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including all rules andbylaws promulgated by the Interstate Commission, are binding upon thecompacting states.
2. All agreements between the Interstate Commission and the compacting statesare binding in accordance with their terms.
3. When there is a conflict over meaning or interpretation of InterstateCommission, the Interstate Commission may issue advisory opinions regardingsuch meaning or interpretation upon the request of a party to the conflictand upon a majority vote of the compacting states.
4. In the event that any provision of this compact exceeds the constitutionallimits imposed on the legislature of any compacting state, the obligations,duties, powers, or jurisdiction sought to be conferred by such provision uponthe Interstate Commission shall be ineffective, and such obligations, duties,powers, or jurisdiction shall remain in the compacting state and shall beexercised by the agency thereof to which such obligations, duties, powers, orjurisdiction are delegated by law in effect at the time this compact becomeseffective.
(Code 1950, § 16.1-213.1; 1977, c. 559; 2007, cc. 277, 387.)