2014 Kentucky Revised Statutes
CHAPTER 615 - INTERSTATE COMPACTS
615.010 Interstate Compact for Juveniles -- Purpose -- Definitions -- Commission -- Powers -- Organization, rulemaking, enforcement -- Enactment by states -- Withdrawal.
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<![CDATA[615.010 Interstate Compact for Juveniles -- Purpose -- Definitions -Commission -- Powers -- Organization, rulemaking, enforcement -Enactment by states -- Withdrawal.
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is
responsible for the proper supervision or return of juveniles, delinquents and status
offenders who are on probation or parole and who have absconded, escaped or run
away from supervision and control and in so doing have endangered their own
safety and the safety of others. The compacting states also recognize that each
state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also
recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. sec. 112
(1965), has authorized and encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action
among the compacting states to:
(1) Ensure that the adjudicated juveniles and status offenders subject to this
compact are provided adequate supervision and services in the receiving state
as ordered by the adjudicating judge or parole authority in the sending state;
(2) Ensure that the public safety interests of the citizens, including the victims of
juvenile offenders, in both the sending and receiving states are adequately
protected;
(3) Return juveniles who have run away, absconded or escaped from supervision
or control or have been accused of an offense to the state requesting their
return;
(4) Make contracts for the cooperative institutionalization in public facilities in
member states for delinquent youth needing special services;
(5) Provide for the effective tracking and supervision of juveniles;
(6) Equitably allocate the costs, benefits, and obligations of the compacting states;
(7) Establish procedures to manage the movement between states of juvenile
offenders released to the community under the jurisdiction of courts, juvenile
departments, or any other criminal or juvenile justice agency which has
jurisdiction over juvenile offenders;
(8) Ensure immediate notice to jurisdictions where defined offenders are
authorized to travel or to relocate across state lines;
(9) Establish procedures to resolve pending charges (detainers) against juvenile
offenders prior to transfer or release to the community under the terms of this
compact;
(10) Establish a system of uniform data collection on information pertaining to
juveniles subject to this compact that allows access by authorized juvenile
justice and criminal justice officials, and regular reporting of compact activities
to heads of state executive, judicial, and legislative branches and juvenile and
criminal justice administrators;
(11) Monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct noncompliance;
(12) Coordinate training and education regarding the regulation of interstate
movement of juveniles for officials involved in such activity; and
(13) Coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult
Offender Supervision and other compacts affecting juveniles, particularly in
those cases where concurrent or overlapping supervision issues arise. It is the
policy of the compacting states that the activities conducted by the Interstate
Commission created herein are the formation of public policies and therefore
are public business. Furthermore, the compacting states shall cooperate and
observe their individual and collective duties and responsibilities for the prompt
return and acceptance of juveniles subject to the provisions of this compact.
The provisions of this compact shall be reasonably and liberally construed to
accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(1) "By-laws" means those by-laws established by the Interstate Commission for
its governance, or for directing or controlling its actions or conduct.
(2) "Compact administrator" means the individual in each compacting state
appointed pursuant to the terms of this compact, responsible for the
administration and management of the state's supervision and transfer of
juveniles subject to the terms of this compact, the rules adopted by the
Interstate Commission and policies adopted by the State Council under this
compact.
(3) "Compacting state" means any state which has enacted the enabling
legislation for this compact.
(4) "Commissioner" means the voting representative of each compacting state
appointed pursuant to Article III of this compact.
(5) "Court" means any court having jurisdiction over delinquent, neglected, or
dependent children.
(6) "Deputy compact administrator" means the individual, if any, in each
compacting state appointed to act on behalf of a Compact Administrator
pursuant to the terms of this compact responsible for the administration and
management of the state's supervision and transfer of juveniles subject to the
terms of this compact.
(7) "Interstate Commission" means the Interstate Commission for Juveniles
created by Article III of this compact.
(8) "Juvenile" means any person defined as a juvenile in any member state or by
the rules of the Interstate Commission, including:
(a) Accused delinquent - a person charged with an offense that, if committed
by an adult, would be a criminal offense;
(b) Adjudicated delinquent - a person found to have committed an offense
that, if committed by an adult, would be a criminal offense;
(c)
Accused status offender - a person charged with an offense that would
not be a criminal offense if committed by an adult;
(d) Adjudicated status offender - a person found to have committed an
offense that would not be a criminal offense if committed by an adult; and
(e) Non-offender - a person in need of supervision who has not been
accused or adjudicated a status offender or delinquent.
(9) "Noncompacting state" means any state which has not enacted the enabling
legislation for this compact.
(10) "Probation or Parole" means any kind of supervision or conditional release of
juveniles authorized under the law of the compacting states.
(11) "Rule" means a written statement by the Interstate Commission promulgated
pursuant to Article VI of this compact that is of general applicability,
implements, interprets or prescribes a policy or provision of the compact, or an
organizational, procedural, or practice requirement of the Commission, and has
the force and effect of statutory law in a compacting state, and includes the
amendment, repeal, or suspension of an existing rule.
(12) "State" means a state of the United States, the District of Columbia or its
designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
(1) The compacting states hereby create the "Interstate Commission for
Juveniles." The commission shall be a body corporate and joint agency of the
compacting states. The commission shall have all the responsibilities, powers
and duties set forth herein, and such additional powers as may be conferred
upon it by subsequent action of the respective legislatures of the compacting
states in accordance with the terms of this compact.
(2) The Interstate Commission shall consist of commissioners appointed by the
appropriate appointing authority in each state pursuant to the rules and
requirements of each compacting state and in consultation with the State
Council for Interstate Juvenile Supervision created hereunder. The
commissioner shall be the compact administrator, deputy compact
administrator or designee from that state who shall serve on the Interstate
Commission in such capacity under or pursuant to the applicable law of the
compacting state.
(3) 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
noncommissioner members must include a member of the national
organizations of governors, legislators, state chief justices, attorneys general,
Interstate Compact for Adult Offender Supervision, Interstate Compact for the
Placement of Children, juvenile justice and juvenile corrections officials, and
crime victims. All noncommissioner 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 nonvoting members, including
members of other national organizations, in such numbers as shall be
(4)
(5)
(6)
(7)
(8)
(9)
determined by the commission.
Each compacting state represented at any meeting of the commission is
entitled to one (1) vote. A majority of the compacting states shall constitute a
quorum for the transactions of business, unless a larger quorum is required by
the by-laws of the Interstate Commission.
The commission shall meet at least once each calendar year. The chairperson
may call additional meetings and, upon the request of a simple majority of the
compacting states, shall call additional meetings. Public notice shall be given of
all meetings and meetings shall be open to the public.
The Interstate Commission shall establish an executive committee, which shall
include commission officers, members, and others as 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 exceptions of rulemaking and amendment to the compact.
The executive committee shall oversee the day-to-day activities of the
administration of the compact managed by an executive director and Interstate
Commission staff; administer enforcement and compliance with the provisions
of the compact, its by-laws, and rules; and perform such other duties as
directed by the Interstate Commission or set forth in the by-laws.
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 and shall not delegate a vote to another compacting state. However, a
commissioner, in consultation with the state council, shall appoint another
authorized representative, in the absence of the commissioner from that state,
to cast a vote on behalf of the compacting state at a specified meeting. The
by-laws may provide for members' participation in meetings by telephone or
other means of telecommunication or electronic communication.
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.
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 and any of its committees may close a
meeting to the public where it determines by two-thirds (2/3) vote that an open
meeting would be likely to:
(a) Relate solely to the Interstate Commission's internal personnel practices
and procedures;
(b) Disclose matters specifically exempted from disclosure by statute;
(c) Disclose trade secrets or commercial or financial information which is
privileged or confidential;
(d) Involve accusing any person of a crime, or formally censuring any person;
(e) Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(f) Disclose investigative records compiled for law enforcement purposes;
(g) Disclose information contained in or related to examination, operating, or
condition reports prepared by, or on behalf of or for the use of, the
Interstate Commission with respect to a regulated person or entity for the
purpose of regulation or supervision of such person or entity;
(h) Disclose information, the premature disclosure of which would
significantly endanger the stability of a regulated person or entity; or
(i) Specifically relate to the Interstate Commission's issuance of a subpoena,
or its participation in a civil action or other legal proceeding.
(10) For every meeting closed pursuant to this provision, the Interstate
Commission's legal counsel shall publicly certify that, in the legal counsel's
opinion, the meeting may be closed to the public, and shall reference each
relevant exemptive provision. The 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 therefore, 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.
(11) The Interstate Commission shall collect standardized data concerning the
interstate movement of juveniles as directed through its rules which shall
specify the data to be collected, the means of collection, and data exchange
and reporting requirements. Such methods of data collection, exchange, and
reporting shall insofar as is reasonably possible conform to up-to-date
technology and coordinate its information functions with the appropriate
repository of records.
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 enumerated in
this compact, which shall have the force and effect of statutory law and shall be
binding in the compacting states to the extent and in the manner provided in
this compact.
(3) To oversee, supervise, and coordinate the interstate movement of juveniles
subject to the terms of this compact and any by-laws adopted and rules
promulgated by the Interstate Commission.
(4) To enforce compliance with the compact provisions, the rules promulgated by
the Interstate Commission, and the by-laws, using all necessary and proper
means, including but not limited to the use of judicial process.
(5) To establish and maintain offices which shall be located within one (1) or more
of 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 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 determine their
qualifications; and to establish the Interstate Commission's personnel policies
and programs relating to, inter alia, 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 it.
(11) To lease, purchase, accept contributions or donations of, or otherwise 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 VIII of this compact.
(14) To sue and be sued.
(15) To adopt a seal and by-laws governing the management and operation of the
Interstate Commission.
(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 Interstate Commission.
(18) To coordinate education, training, and public awareness regarding the
interstate movement of juveniles for officials involved in such activity.
(19) To establish uniform standards of the reporting, collecting, and exchanging of
data.
(20) The Interstate Commission shall maintain its corporate books and records in
accordance with the by-laws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. By-laws
(1) The Interstate Commission shall, by a majority of the members present and
voting, within twelve (12) months after 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:
(a) Establishing the fiscal year of the Interstate Commission;
(b) Establishing an executive committee and such other committees as may
be necessary;
(c) Provide for the establishment of committees governing any general or
specific delegation of any authority or function of the Interstate
Commission;
(d) Providing reasonable procedures for calling and conducting meetings of
the Interstate Commission, and ensuring reasonable notice of each such
meeting;
(e) Establishing the titles and responsibilities of the officers of the Interstate
Commission;
(f) Providing a mechanism for concluding the operations of the Interstate
Commission and the return of any surplus funds that may exist upon the
termination of the compact after the payment or reserving of all of its
debts and obligations;
(g) Providing "start-up" rules for initial administration of the compact; and
(h) Establishing standards and procedures for compliance and technical
assistance in carrying out the compact.
Section B. Officers and Staff
(1) The Interstate Commission shall, by a majority of the members, elect annually
from among its members a chairperson and a vice chairperson, each of whom
shall have such authority and duties as may be specified in the by-laws. The
chairperson or, in the chairperson's absence or disability, the vice-chairperson
shall preside at all meetings of the 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 ordinary and necessary costs and
expenses incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appoint or
retain an executive director for such period, upon such terms and conditions
and for compensation as the Interstate Commission may deem appropriate.
The executive director shall serve as secretary to the Interstate Commission,
but shall not be a member and shall hire and supervise such other staff as may
be authorized by the Interstate Commission.
Section C. Qualified Immunity, Defense, and Indemnification
(1) The Commission's executive director and employees shall be immune from suit
and liability, either personally or in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil liability caused or
arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or responsibilities;
provided, that any such person shall not be protected from suit or liability for
any damage, loss, injury, or liability caused by the intentional or willful and
wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or agent of a commissioner,
acting within the scope of such person's employment or duties for acts, errors,
or omissions occurring within such person's state may not exceed the limits of
liability set forth under the Constitution and laws of that state for state officials,
employees, and agents. Nothing in this subsection shall be construed to
protect any such person from suit or liability for any damage, loss, injury, or
(3)
(4)
(1)
(2)
(3)
liability caused by the intentional or willful and wanton misconduct of any such
person.
The Interstate Commission shall defend the executive director or the
employees or representatives of the Interstate Commission and, subject to the
approval of the Attorney General of the state represented by any commissioner
of a compacting state, shall defend such commissioner or the commissioner's
representatives or employees in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission that occurred within
the scope of 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 or willful and wanton misconduct on the part of such person.
The Interstate Commission shall indemnify and hold the commissioner of a
compacting state, or the commissioner's representatives 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 intentional or
willful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.
Rulemaking shall occur pursuant to the criteria set forth in this article and the
by-laws and rules adopted pursuant thereto. Such rulemaking shall
substantially conform to the principles of the "Model State Administrative
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or
such other administrative procedures act, as the Interstate Commission deems
appropriate consistent with due process requirements under the Constitution of
the United States, as now or hereafter interpreted by the United States
Supreme Court. All rules and amendments shall become binding as of the date
specified, as published with the final version of the rule as approved by the
Interstate Commission.
When promulgating a rule, the Interstate Commission shall, at a minimum:
(a) Publish the proposed rule's entire text stating the reasons for that
proposed rule;
(b) Allow and invite any and all persons to submit written data, facts,
opinions, and arguments, which information shall be added to the record
and be made publicly available;
(c) Provide an opportunity for an informal hearing if petitioned by ten (10) or
more persons; and
(d) Promulgate a final rule and its effective date, if appropriate, based on
input from state or local officials, or interested parties.
(4) Allow, not later than sixty (60) days after a rule is promulgated, any interested
person to file a petition in the United States District Court for the District of
Columbia or in the Federal District Court where the 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 in
the rulemaking record, the court shall hold the rule unlawful and set it aside.
For purposes of this subsection, evidence is substantial if it would be
considered substantial evidence under the Model State Administrative
Procedures Act.
(5) If a majority of the legislatures of the compacting states rejects a rule, those
states may, by enactment of a statute or resolution in the same manner used to
adopt the compact, cause that such rule shall have no further force and effect
in any compacting state.
(6) The existing rules governing the operation of the Interstate Compact on
Juveniles superseded by this compact shall be null and void twelve (12)
months after the first meeting of the Interstate Commission created hereunder.
(7) Upon determination by the Interstate Commission that a state-of-emergency
exists, it may promulgate an emergency rule which shall become effective
immediately upon adoption, provided that the usual rulemaking procedures
provided hereunder shall be retroactively applied to said rule as soon as
reasonably possible, but no later than ninety (90) days after the effective date
of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION
Section A. Oversight
(1) The Interstate Commission shall oversee the administration and operations of
the interstate movement of juveniles subject to this compact in the compacting
states and shall monitor such activities being administered in noncompacting
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. The provisions of this compact and the rules
promulgated hereunder shall be received by all the judges, public officers,
commissions, and departments of the state government as evidence of the
authorized statute and administrative rules. All courts shall take judicial notice
of the compact and the rules. In any judicial or administrative proceeding in a
compacting state pertaining to the subject matter of this compact which may
affect the powers, responsibilities, or actions of the Interstate Commission, it
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
(1) The compacting states shall report to the Interstate Commission on all issues
and activities necessary for the administration of the compact, as well as issues
and activities pertaining to compliance with the provisions of the compact and
its by-laws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compacting
state, to resolve any disputes or other issues which are subject to the compact
and which may arise among compacting states and between compacting and
noncompacting states. The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes among the
compacting states.
(3) The Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this compact using any or all means set
forth in Article XI of this compact.
ARTICLE VIII
FINANCE
(1) The Interstate Commission shall pay or provide for the payment of the
reasonable expenses of its establishment, organization, and ongoing activities.
(2) The Interstate Commission shall levy on and collect an annual assessment
from each compacting state to cover the costs 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 each compacting state
and the volume of interstate movement of juveniles in each compacting state
and shall promulgate a rule binding upon all compacting states which governs
said assessment.
(3) 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.
(4) 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
by-laws. 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 IX
THE STATE COUNCIL
Each member state shall create a State Council for Interstate Juvenile Supervision.
While each state may determine the membership of its own state council, its
membership shall include at least one (1) representative from:
(1) The legislative branch of government;
(2) The judicial branch of government;
(3) The executive branch of government;
(4) Victims groups;
(5) The Department of Public Advocacy;
(6) The Kentucky Association of Criminal Defense Lawyers;
(7) The County Attorneys Association;
(8) The Commonwealth's Attorneys Association; and
(9) The compact administrator, deputy compact administrator, or designee.
Each compacting state retains the right to determine the qualifications of the
compact administrator or deputy compact administrator. Each state council will
advise and may exercise oversight and advocacy concerning that state's
participation in Interstate Commission activities and other duties as may be
determined by that state, including but not limited to development of policy
concerning operations and procedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(1) Any state, the District of Columbia or its designee, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Northern Marianas Islands as defined in Article II of this compact is eligible to
become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of
the compact into law by no less than thirty-five (35) of the states. The initial
effective date shall be the later of July 1, 2006, or upon enactment into law by
the thirty-fifth 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 nonmember states or their designees shall be invited to
participate in the activities of the Interstate Commission on a nonvoting basis
prior to adoption of the compact by all states and territories of the United
States.
(3) The Interstate Commission may propose amendments to the compact 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 XI
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
(1) 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 by 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 Commission shall notify the
other compacting states of the withdrawing state's intent to withdraw within
sixty (60) days of its receipt thereof.
(4) 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.
(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.
Section B. Technical Assistance, Fines, Suspension, Termination, and Default
(1) If the Interstate Commission determines that any compacting state has at any
time defaulted in the performance of any of its obligations or responsibilities
under this compact, or the by-laws or duly promulgated rules, the Interstate
Commission may impose any or all of the following penalties:
(a) Remedial training and technical assistance as directed by the Interstate
Commission;
(b) Alternative Dispute Resolution;
(c) Fines, fees, and costs in amounts as are deemed to be reasonable as
fixed by the Interstate Commission; and
(d) Suspension or termination of membership in the compact, which shall be
imposed only after all other reasonable means of securing compliance
under the by-laws and rules have been exhausted and the Interstate
Commission has therefore determined that the offending state is in
default. Immediate notice of suspension shall be given by the Interstate
Commission to the Governor, the Chief Justice or the Chief Judicial
Officer of the state, the majority and minority leaders of the defaulting
state's legislature, and the state council. 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, the
by-laws, or duly promulgated rules and any other grounds designated in
commission by-laws and rules. The Interstate Commission shall
immediately notify the defaulting state in writing of the penalty imposed by
the Interstate Commission and of the default pending a cure of the
default. The 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
commission, the defaulting state shall be terminated from the compact
upon an affirmative vote of a majority of the compacting states and all
rights, privileges, and benefits conferred by this compact shall be
terminated from the effective date of termination.
(2) Within sixty (60) days of the effective date of termination of a defaulting state,
the commission shall notify the Governor, the Chief Justice or Chief Judicial
Officer, the Majority and Minority Leaders of the defaulting state's legislature,
and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including any
obligations, the performance of which extends beyond the effective date of
termination.
(4) The Interstate Commission shall not bear any costs relating to the defaulting
state unless otherwise mutually agreed upon in writing between the Interstate
Commission and the defaulting state.
(5)
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 by-laws, 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
(1) The compact dissolves effective upon the date of the withdrawal or default of
the compacting state, which reduces membership in the compact to one (1)
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 concluded and any surplus funds shall be
distributed in accordance with the by-laws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
(1) 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.
(2) The provisions of this compact shall be liberally construed to effectuate its
purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
(1) Nothing herein prevents the enforcement of any other law of a compacting
state that is not inconsistent with this compact.
(2) All compacting states' laws other than state Constitutions and other interstate
compacts conflicting with this compact are superseded to the extent of the
conflict.
Section B. Binding Effect of the Compact
(1) All lawful actions of the Interstate 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 compacting states
are binding in accordance with their terms.
(3) 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.
(4)
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.
Effective:August 26, 2008
History: Repealed, reenacted, and amended 2005 Ky. Acts ch. 118, sec. 1,
effective August 26, 2008. -- Created 1986 Ky. Acts ch. 423, sec. 56, effective
July 1, 1987.
Legislative Research Commission Note (8/26/2008). Under 2005 Ky. Acts
ch. 118, sec. 3, this statute is repealed and reenacted "upon the legislative
enactment of the compact into law by no less than thirty-five (35) states or upon
July 1, 2006, whichever is later." On August 26, 2008, Illinois became the
thirty-fifth state to enact the compact. Therefore the repeal, reenactment, and
amendment of KRS 615.010 contained in 2005 Ky. Acts ch. 118, sec. 1, is
effective August 26, 2008.
Legislative Research Commission Note. Acts 1986, ch. 423, 199 read: "KRS
446.250 to 446.320 to the contrary notwithstanding, Acts 1986, ch. 423 shall
prevail in the event of a conflict between Acts 1986, ch. 423 and other Acts
passed by the 1986 regular session of the General Assembly."
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