(45 ILCS 170/5)
Interstate Compact for Adult Offender Supervision.
of this State is hereby authorized and directed to
enter into a compact on behalf of this State with any of the United States
legally joining therein in the form substantially as follows:
(a) The compacting states to this Interstate Compact recognize that each
responsible for the supervision of adult offenders in the community who are
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
transfer supervision authority in an orderly and efficient manner, and when
return offenders to the originating jurisdictions. The compacting states also
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has
authorized and encouraged compacts for cooperative efforts and mutual
assistance in the
prevention of crime.
(b) It is the purpose of this compact and the Interstate Commission created
hereunder, through means of joint and cooperative action among the compacting
to provide the framework for the promotion of public safety and protect the
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
benefits and obligations of the compact among the compacting states.
(c) In addition, this compact will: create an Interstate Commission which
establish uniform procedures to manage the movement between states of adults
under community supervision and released to the community under the
courts, paroling authorities, corrections or other criminal justice agencies
promulgate rules to achieve the purpose of this compact; ensure an opportunity
and timely notice to victims and to jurisdictions where defined offenders are
to travel or to relocate across state lines; establish a system of uniform data
access to information on active cases by authorized criminal justice officials,
reporting of Compact activities to heads of state councils, state executive,
legislative branches and criminal justice administrators; monitor compliance
governing interstate movement of offenders and initiate interventions to
correct non-compliance; and coordinate training and education regarding
interstate movement of offenders for officials involved in such activity.
(d) The compacting states recognize that there is no "right" of any offender
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
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
created herein are the formation of public policies and are therefore public
As used in this compact, unless the context clearly requires a different
(1) "Adult" means both individuals legally classified
as adults and juveniles treated as adults by court order, statute, or operation of law.
(2) "By-laws" mean those by-laws established by the
Interstate Commission for its governance, or for directing or controlling the Interstate Commission's actions or conduct.
(3) "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.
(4) "Compacting state" means any state which has
enacted the enabling legislation for this compact.
(5) "Commissioner" means the voting representative of
each compacting state appointed pursuant to Article III of this compact.
(6) "Interstate Commission" means the Interstate
Commission for Adult Offender Supervision established by this compact.
(7) "Member" means the commissioner of a compacting
state or designee, who shall be a person officially connected with the commissioner.
(8) "Non Compacting state" means any state which has
not enacted the enabling legislation for this compact.
(9) "Offender" means an adult placed under, or
subject to, 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.
(10) "Person" means any individual, corporation,
business enterprise, or other legal entity, either public or private.
(11) "Rules" means acts of the Interstate Commission,
duly promulgated pursuant to Article VII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.
(12) "State" means a state of the United States, the
District of Columbia and any other territorial possessions of the United States.
(13) "State Council" means the resident members of
the State Council for
Interstate Adult Offender Supervision created by each state under Article III
THE COMPACT COMMISSION
(a) The compacting states hereby create the "Interstate Commission for Adult
Offender Supervision." The Interstate Commission shall be a body corporate and
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
(b) 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.
(c) In addition to the Commissioners who are the voting representatives of
state, the Interstate Commission shall include individuals who are not
who are members of interested organizations; such non-commissioner members must
include a member of the national organizations of governors, legislators, state
justices, attorneys general and crime victims. All non-commissioner members of
Interstate Commission shall be ex-officio (nonvoting) members. The Interstate
Commission may provide in its by-laws for such additional, ex-officio,
members as it deems necessary.
(d) Each compacting state represented at any meeting of the Interstate
Commission is entitled to one vote. A majority of the compacting states shall
quorum for the transaction of business, unless a larger quorum is required by
of the Interstate Commission. The Interstate Commission shall meet at least
calendar year. The chairperson may call additional meetings and, upon the
request of 27
or more compacting states, shall call additional meetings. Public notice shall
be given of
all meetings and meetings shall be open to the public.
(e) The Interstate Commission shall establish an Executive Committee which
shall include commission officers, members and others as shall be determined by
the By-laws. The Executive Committee shall have the power to act on behalf of
Commission during periods when the Interstate Commission is not in session,
exception of rulemaking and/or amendment to the Compact. The Executive
oversees the day-to-day activities managed by the Executive Director and
Commission staff; administers enforcement and compliance with the provisions of
compact, its by-laws and as directed by the Interstate Commission and performs
duties as directed by Commission or set forth in the By-laws.
THE STATE COUNCIL
(a) Each member state shall create a State Council for Interstate Adult
Supervision which shall be responsible for the appointment of the commissioner
shall serve on the Interstate Commission from that state.
(b) Each state council shall appoint as its commissioner the Compact
Administrator from the state to serve on the Interstate Commission in such
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
one representative from the legislative, judicial, and executive branches of
victims groups, and compact administrators. Each compacting state retains the
determine the qualifications of the Compact Administrator who shall be
appointed by the
state council or by the Governor in consultation with the Legislature and the
(c) In addition to appointment of its commissioner to the National
Commission, each state council shall exercise oversight and advocacy concerning
participation in Interstate Commission activities and other duties as may be
by each member state including but not limited to, development of policy
operations and procedures of the compact within that state.
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitable by-laws governing
the management and operation of the Interstate Commission.
(2) To promulgate rules which shall have the force
and effect of 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 offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission.
(4) To enforce compliance with compact provisions,
Interstate Commission rules, and by-laws, using all necessary and proper means, including but not limited to, the use of judicial process.
(5) To establish and maintain offices.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, or contract for services of
personnel, including, but not limited to, members and their staffs.
(8) To establish and appoint committees and hire
staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys,
employees, agents, or consultants, and to fix their compensation, define their duties and 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.
(10) To accept any and all donations and grants of
money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.
(11) To lease, purchase, accept contributions or
donations of, or 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 IX of this compact.
(14) To sue and be sued.
(15) To provide for dispute resolution among
(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 offenders for officials involved in such activity.
(19) To establish uniform standards for the
reporting, collecting, and exchanging of data.
ORGANIZATION AND OPERATION OF THE INTERSTATE
The Interstate Commission shall, by a majority of the Members, within twelve
the first Interstate Commission meeting, adopt By-laws to govern its conduct as
necessary or appropriate to carry out the purposes of the Compact, including,
(1) establishing the fiscal year of the Interstate
(2) establishing an executive committee and such
other committees as may be necessary;
(3) 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;
(4) providing reasonable procedures for calling and
conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
(5) establishing the titles and responsibilities of
the officers of the Interstate Commission;
(6) 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 By-laws shall exclusively govern the personnel policies and programs of the Interstate Commission;
(7) 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;
(8) providing transition rules for "start up"
administration of the compact;
(9) establishing standards and procedures for
compliance and technical assistance in carrying out the compact.
(b) Officers and Staff.
(1) 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 By-laws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The Officers so elected shall serve without compensation or remuneration from the Interstate Commission; 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.
(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 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.
(c) Corporate Records of the Interstate Commission.
The Interstate Commission shall maintain its corporate books and records in
with the By-laws.
(d) Qualified Immunity, Defense and Indemnification.
(1) The Members, officers, executive director and
employees of the Interstate
Commission shall be immune from suit and liability, either personally or in
official capacity, for any claim for damage to or loss of property or
injury or other civil liability caused or arising out of any actual or alleged
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
for any damage, loss, injury or liability caused by the intentional or willful
wanton misconduct of any such person.
(2) 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.
(3) 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.
ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall meet and take such actions as are
with the provisions of this Compact.
(b) Except as otherwise provided in this Compact and unless a greater
is required by the By-laws, in order to constitute an act of the Interstate
such act shall have been taken at a meeting of the Interstate Commission and
received an affirmative vote of a majority of the members present.
(c) Each Member of the Interstate Commission shall have the right and power
cast a vote to which that Compacting State is entitled and to participate in
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
shall appoint another authorized representative, in the absence of the
that state, to cast a vote on behalf of the member state at a specified
meeting. The By-laws may provide for Members' participation in meetings by
telephone or other
telecommunication or electronic communication. Any voting conducted by
other means of telecommunication or electronic communication shall be subject
same quorum requirements of meetings where members are present in person.
(d) The Interstate Commission shall meet at least once during each calendar
The chairperson of the Interstate Commission may call additional meetings at
and, upon the request of a majority of the Members, shall call additional
(e) The Interstate Commission's By-laws shall establish conditions and
under which the Interstate Commission shall make its information and official
available to the public for inspection or copying. The Interstate Commission
from disclosure any information or official records to the extent they would
affect personal privacy rights or proprietary interests. In promulgating such
Interstate Commission may make available to law enforcement agencies records
information otherwise exempt from disclosure, and may enter into agreements
enforcement agencies to receive or exchange information or records subject
disclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall be
the public, except as set forth in the Rules or as otherwise provided in the
Interstate Commission shall promulgate Rules consistent with the principles
the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as may be amended.
Interstate Commission and any of its committees may close a meeting to the
it determines by two-thirds vote that an open meeting would be likely to:
(1) relate solely to the Interstate Commission's
internal personnel practices and procedures;
(2) disclose matters specifically exempted from
(3) disclose trade secrets or commercial or financial
information which is privileged or confidential;
(4) involve accusing any person of a crime, or
formally censuring any person;
(5) disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) disclose investigatory records compiled for law
(7) 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;
(8) disclose information, the premature disclosure of
which would significantly endanger the life of a person or the stability of a regulated entity;
(9) specifically relate to the Interstate
Commission's issuance of a subpoena, or its participation in a civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the Interstate
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
Commission shall keep minutes which shall fully and clearly describe all
discussed in any meeting and shall provide a full and accurate summary of any
taken, and the reasons therefor, including a description of each of the views
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
(h) The Interstate Commission shall collect standardized data concerning the
movement of offenders as directed through its By-laws and Rules which shall
data to be collected, the means of collection and data exchange and reporting
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate Rules in order to effectively
efficiently achieve the purposes of the Compact including transition rules
administration of the compact during the period in which it is being considered
enacted by the states.
(b) Rulemaking shall occur pursuant to the criteria set forth in this
By-laws and Rules adopted pursuant thereto. Such rulemaking shall substantially
conform to the principles of the federal Administrative Procedure Act, 5
551 et seq., 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.
(c) If a majority of the legislatures of the Compacting States rejects a
enactment of a statute or resolution in the same manner used to adopt the
such Rule shall have no further force and effect in any Compacting State.
(d) When promulgating a Rule, the Interstate Commission shall:
(1) publish the proposed Rule stating with
particularity the text of the Rule which is proposed and the reason for the proposed Rule;
(2) allow persons to submit written data, facts,
opinions and arguments, which information shall be publicly available;
(3) provide an opportunity for an informal hearing;
(4) promulgate a final Rule and its effective date,
if appropriate, based on the rulemaking record.
(e) Not later than sixty days after a Rule is promulgated, any interested
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
for judicial review of such Rule. If the court finds that the Interstate
is not supported by substantial evidence (as defined in the APA), in the
record, the court shall hold the Rule unlawful and set it aside. Subjects to be
within 12 months after the first meeting must at a minimum include:
(1) notice to victims and opportunity to be heard;
(2) offender registration and compliance;
(4) transfer procedures and forms;
(5) eligibility for transfer;
(6) collection of restitution and fees from offenders;
(7) data collection and reporting;
(8) the level of supervision to be provided by the
(9) 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;
(10) Mediation, arbitration and dispute resolution.
(f) The existing rules governing the operation of the previous compact
by this Act shall be null and void twelve (12) months after the first meeting
Interstate Commission created hereunder.
(g) Upon determination by the Interstate Commission that an emergency
may promulgate an emergency rule which shall become effective immediately upon
adoption, provided that the usual rulemaking procedures provided hereunder
retroactively applied to said rule as soon as reasonably possible, in no event
later than 90
days after the effective date of the rule.
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
(1) 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.
(2) The courts and executive agencies in each
Compacting State shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent. In any judicial or 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.
(b) Dispute Resolution.
(1) The Compacting States shall report to the
Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.
(2) The Interstate Commission shall attempt to
resolve any disputes or other issues which are subject to the Compact and which may arise among Compacting States and Non-compacting States.
(3) The Interstate Commission shall enact a By-law or
promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States.
The Interstate Commission, in the reasonable exercise of its discretion,
enforce the provisions of this compact using any or all means set forth in
Section (b), of this compact.
(a) The Interstate Commission shall pay or provide for the payment of the
reasonable expenses of its establishment, organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessment
from each Compacting State to cover the cost of the internal operations and
the Interstate Commission and its staff which must be in a total amount
cover the Interstate Commission's annual budget as approved each year. The
annual assessment amount shall be allocated based upon a formula to be
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
(c) The Interstate Commission shall not incur any obligations of any kind
securing the funds adequate to meet the same; nor shall the Interstate
the credit of any of the compacting states, except by and with the authority of
(d) The Interstate Commission shall keep accurate accounts of all receipts
disbursements. The receipts and disbursements of the Interstate Commission
subject to the audit and accounting procedures established under its By-laws.
all receipts and disbursements of funds handled by the Interstate Commission
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
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state, as defined in Article II of this compact, is eligible to
(b) The Compact shall become effective and binding upon legislative
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.
shall become effective and binding, as to any other Compacting State, upon
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
voting basis prior to adoption of the compact by all states and territories of
(c) Amendments to the Compact may be proposed by the Interstate Commission
for enactment by the Compacting States. No amendment shall become effective and
binding upon the Interstate Commission and the Compacting States unless and
until it is
enacted into law by unanimous consent of the Compacting States.
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
(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 ("Withdrawing State") by enacting a statute specifically repealing the statute which enacted the Compact into law.
(2) The effective date of withdrawal is the effective
(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 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.
(1) If the Interstate Commission determines that any
Compacting State has at any time defaulted ("Defaulting State") in the performance of any of its obligations or responsibilities under this Compact, the By-laws or any duly promulgated Rules, the Interstate Commission may impose any or all of the following penalties:
(i) Fines, fees and costs in such amounts as are
deemed to be reasonable as fixed by the Interstate Commission;
(ii) Remedial training and technical assistance
as directed by the Interstate Commission;
(iii) Suspension and termination of membership in
the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the By-laws 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.
(2) The grounds for default include, but are not
limited to, failure of a Compacting State to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission By-laws, or duly 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.
(3) The Defaulting State is responsible for all
assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any
costs relating to the Defaulting State unless otherwise mutually agreed upon between the 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.
(c) Judicial Enforcement.
The Interstate Commission may, by majority vote of the Members, initiate legal
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
offices to enforce compliance with the provisions of the Compact, its duly
Rules and By-laws, against any Compacting State in default. In the event
enforcement is necessary the prevailing party shall be awarded all costs of
including reasonable attorneys fees.
(d) Dissolution of Compact.
(1) The Compact dissolves effective upon the date of
the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State.
(2) Upon the dissolution of this Compact, the Compact
becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the By-laws.
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this Compact shall be severable, and if any phrase,
sentence or provision is deemed unenforceable, the remaining provisions of the
shall be enforceable.
(b) The provisions of this Compact shall be liberally constructed to
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other Laws.
(1) Nothing herein prevents the enforcement of any
other law of a Compacting State that is not inconsistent with this Compact.
(2) All Compacting States' laws conflicting with this
Compact are superseded to the extent of the conflict.
(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.
(Source: P.A. 92-571, eff. 6-26-02.)