Session of 2000
By Representative Adkins

  9             AN  ACT enacting the interstate compact for adult offenders supervision;
10             repealing K.S.A. 22-4101, 22-4102 and 22-4103.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. This act may be cited as the interstate compact for adult
14       offender supervision.
17       The compacting states to this Interstate Compact recognize that each
18       state is responsible for the supervision of adult offenders in the com-
19       munity who are authorized pursuant to the Bylaws and Rules of this
20       compact to travel across state lines both to and from each compacting
21       state in such a manner as to track the location of offenders, transfer
22       supervision authority in an orderly and efficient manner, and when nec-
23       essary return offenders to the originating jurisdictions. The compacting
24       states also recognize that Congress, by enacting the Crime Control Act,
25       4 U.S.C. Section 112 (1965), has authorized and encouraged compacts
26       for cooperative efforts and mutual assistance in the prevention of crime.
27       It is the purpose of this compact and the Interstate Commission created
28       hereunder, through means of joint and cooperative action among the
29       compacting states: to provide the framework for the promotion of public
30       safety and protect the rights of victims through the control and regulation
31       of the interstate movement of offenders in the community; to provide for
32       the effective tracking, supervision, and rehabilitation of these offenders
33       by the sending and receiving states; and to equitably distribute the costs,
34       benefits and obligations of the compact among the compacting states. In
35       addition, this compact will: create a Interstate Commission which will
36       establish uniform procedures to manage the movement between states
37       of adults placed under community supervision and released to the com-
38       munity under the jurisdiction of courts, paroling authorities, corrections
39       or other criminal justice agencies which will promulgate rules to achieve
40       the purpose of this compact; ensure an opportunity for input and timely
41       notice to victims and to jurisdictions where defined offenders are au-
42       thorized to travel or to relocate across state lines; establish a system of
43       uniform data collection, access to information on active cases by author-


  1       ized criminal justice officials, and regular reporting of Compact activities
  2       to heads of state councils, state executive, judicial, and legislative branches
  3       and criminal justice administrators; monitor compliance with rules gov-
  4       erning interstate movement of offenders and initiate interventions to ad-
  5       dress and correct noncompliance; and coordinate training and education
  6       regarding regulations of interstate movement of offenders for officials
  7       involved in such activity. The compacting states recognize that there is
  8       no "right" of any offender to live in another state and that duly accredited
  9       officers of a sending state may at all times enter a receiving state and
10       there apprehend and retake any offender under supervision subject to
11       the provisions of this compact and Bylaws and Rules promulgated here-
12       under. It is the policy of the compacting states that the activities con-
13       ducted by the Interstate Commission created herein are the formation of
14       public policies and are therefore public business.
17       As used in this compact, unless the context clearly requires a different
18       construction:
19             "Adult" means both individuals legally classified as adults and juveniles
20       treated as adults by court order, statute, or operation of law.
21             "By-laws" means those by-laws established by the Interstate Commis-
22       sion for its governance, or for directing or controlling the Interstate Com-
23       mission's actions or conduct.
24             "Compact Administrator" means the individual in each compacting
25       state appointed by the governor responsible for the administration and
26       management of the state's supervision and transfer of offenders subject
27       to the terms of this compact, the rules adopted by the Interstate Com-
28       mission and policies adopted by the State Council under this compact.
29             "Compacting State" means any state which has enacted the enabling
30       legislation for this compact.
31             "Commissioner" means the voting representative of each compacting
32       state appointed pursuant to Article III of this compact.
33             "Interstate Commission" means the Interstate Commission for Adult
34       Offender Supervision established by this compact.
35             "Member" means the commissioner of a compacting state or designee,
36       who shall be a person officially connected with the commissioner.
37             "Non-compacting state" means any state which has not enacted the
38       enabling legislation for this compact.
39             "Offender" means an adult placed under, or subject, to supervision as
40       the result of the commission of a criminal offense and released to the
41       community under the jurisdiction of courts, paroling authorities, correc-
42       tions, or other criminal justice agencies.
43             "Person" means any individual, corporation, business enterprise, or


  1       other legal entity, either public or private.
  2             "Rules" means acts of the Interstate Commission, duly promulgated
  3       pursuant to Article VIII of this compact, substantially affecting interested
  4       parties in addition to the Interstate Commission, which shall have the
  5       force and effect of law in the compacting states.
  6             "State" means a state of the United States, the District of Columbia
  7       and any other territorial possessions of the United States.
  8             "State Council" means the resident members of the State Council for
  9       Interstate Adult Offender Supervision created by each state under Article
10       III of this compact.
13       The compacting states hereby create the "Interstate Commission for
14       Adult Offender Supervision." The Interstate Commission shall be a body
15       corporate and joint agency of the compacting states. The Interstate Com-
16       mission shall have all the responsibilities, powers and duties set forth
17       herein, including the power to sue and be sued, and such additional pow-
18       ers as may be conferred upon it by subsequent action of the respective
19       legislatures of the compacting states in accordance with the terms of this
20       compact.
21       The Interstate Commission shall consist of Commissioners selected and
22       appointed by resident members of a State Council for Interstate Adult
23       Offender Supervision for each state.
24       In addition to the Commissioners who are the voting representatives of
25       each state, the Interstate Commission shall include individuals who are
26       not commissioners but who are members of interested organizations; such
27       non-commissioner members must include a member of the national or-
28       ganizations of governors, legislators, state chief justices, attorneys general
29       and crime victims. All non-commissioner members of the Interstate Com-
30       mission shall be ex-officio (nonvoting) members. The Interstate Com-
31       mission may provide in its by-laws for such additional, ex-officio, nonvot-
32       ing members as it deems necessary.
33       Each compacting state represented at any meeting of the Interstate Com-
34       mission is entitled to one vote. A majority of the compacting states shall
35       constitute a quorum for the transaction of business, unless a larger quo-
36       rum is required by the by-laws of the Interstate Commission.
37       The Interstate Commission shall meet at least once each calendar year.
38       The chairperson may call additional meetings and, upon the request of
39       27 or more compacting states, shall call additional meetings. Public notice
40       shall be given of all meetings and meetings shall be open to the public.
41       The Interstate Commission shall establish an Executive Committee which
42       shall include commission officers, members and others as shall be deter-
43       mined by the By-laws. The Executive Committee shall have the power


  1       to act on behalf of the Interstate Commission during periods when the
  2       Interstate Commission is not in session, with the exception of rulemaking
  3       and/or amendment to the Compact. The Executive Committee oversees
  4       the day-to-day activities managed by the Executive Director and Inter-
  5       state Commission staff; administers enforcement and compliance with the
  6       provisions of the compact, its by-laws and as directed by the Interstate
  7       Commission and performs other duties as directed by Commission or set
  8       forth in the By-laws.
11       There is hereby created a state council for interstate adult offender su-
12       pervision. The council shall be appointed as follows: Two members ap-
13       pointed by the president of the senate, two members appointed by the
14       minority leader of the senate, two members appointed by the speaker of
15       the house of representatives, two members appointed by the minority
16       leader of the house of representatives, four members appointed by the
17       chief justice of the supreme court, four members appointed by the gov-
18       ernor and four members appointed by the attorney general representing
19       crime victims groups. The compact administrator also shall be a member
20       of the council. The appointed members of the council shall serve for four-
21       year terms. The council shall be responsible for the appointment of the
22       commissioner who shall serve on the Interstate Commission from Kansas.
23       The state council shall exercise oversight and advocacy concerning its
24       participation in Interstate Commission activities and other duties as may
25       be determined by each member state including but not limited to, de-
26       velopment of policy concerning operations and procedures of the com-
27       pact within that state.
30       The Interstate Commission shall have the following powers:
31             To adopt a seal and suitable by-laws governing the management and
32       operation of the Interstate Commission.
33             To promulgate rules which shall have the force and effect of statutory
34       law and shall be binding in the compacting states to the extent and in the
35       manner provided in this compact.
36             To oversee, supervise and coordinate the interstate movement of of-
37       fenders subject to the terms of this compact and any by-laws adopted and
38       rules promulgated by the compact commission.
39             To enforce compliance with compact provisions, Interstate Commis-
40       sion rules, and by-laws, using all necessary and proper means, including
41       but not limited to, the use of judicial process.
42             To establish and maintain offices.
43             To purchase and maintain insurance and bonds


  1             To borrow, accept, or contract for services of personnel, including, but
  2       not limited to, members and their staffs.
  3             To establish and appoint committees and hire staff which it deems
  4       necessary for the carrying out of its functions including, but not limited
  5       to, an executive committee as required by Article III which shall have the
  6       power to act on behalf of the Interstate Commission in carrying out its
  7       powers and duties hereunder.
  8             To elect or appoint such officers, attorneys, employees, agents, or con-
  9       sultants, and to fix their compensation, define their duties and determine
10       their qualifications; and to establish the Interstate Commission's person-
11       nel policies and programs relating to, among other things, conflicts of
12       interest, rates of compensation, and qualifications of personnel.
13             To accept any and all donations and grants of money, equipment, sup-
14       plies, materials, and services, and to receive, utilize, and dispose of same.
15             To lease, purchase, accept contributions or donations of, or otherwise
16       to own, hold, improve or use any property, real, personal, or mixed.
17             To sell, convey, mortgage, pledge, lease, exchange, abandon, or oth-
18       erwise dispose of any property, real, personal or mixed.
19             To establish a budget and make expenditures and levy dues as provided
20       in Article X of this compact.
21             To sue and be sued.
22             To provide for dispute resolution among Compacting States.
23             To perform such functions as may be necessary or appropriate to
24       achieve the purposes of this compact.
25             To report annually to the legislatures, governors, judiciary, and state
26       councils of the compacting states concerning the activities of the Inter-
27       state Commission during the preceding year. Such reports shall also in-
28       clude any recommendations that may have been adopted by the Interstate
29       Commission.
30             To coordinate education, training and public awareness regarding the
31       interstate movement of offenders for officials involved in such activity.
32             To establish uniform standards for the reporting, collecting, and ex-
33       changing of data.
37       Section A. By-laws
38       The Interstate Commission shall, by a majority of the Members, within
39       twelve months of the first Interstate Commission meeting, adopt By-laws
40       to govern its conduct as may be necessary or appropriate to carry out the
41       purposes of the Compact, including, but not limited to:
42             establishing the fiscal year of the Interstate Commission;
43             establishing an executive committee and such other committees as may


  1       be necessary;
  2             providing reasonable standards and procedures:
  3       (i) for the establishment of committees, and
  4       (ii) governing any general or specific delegation of any authority or func-
  5       tion of the Interstate Commission;
  6             providing reasonable procedures for calling and conducting meetings
  7       of the Interstate Commission, and ensuring reasonable notice of each
  8       such meeting;
  9             establishing the titles and responsibilities of the officers of the Inter-
10       state Commission;
11             providing reasonable standards and procedures for the establishment
12       of the personnel policies and programs of the Interstate Commission.
13       Notwithstanding any civil service or other similar laws of any Compacting
14       State, the By-laws shall exclusively govern the personnel policies and pro-
15       grams of the Interstate Commission; and
16             providing a mechanism for winding up the operations of the Interstate
17       Commission and the equitable return of any surplus funds that may exist
18       upon the termination of the Compact after the payment and/or reserving
19       of all of its debts and obligations;
20             providing transition rules for "start up" administration of the compact;
21             establishing standards and procedures for compliance and technical
22       assistance in carrying out the compact.
23       Section B. Officers and Staff
24       The Interstate Commission shall, by a majority of the Members, elect
25       from among its Members a chairperson and a vice chairperson, each of
26       whom shall have such authorities and duties as may be specified in the
27       By-laws. The chairperson or, in his or her absence or disability, the vice
28       chairperson, shall preside at all meetings of the Interstate Commission.
29       The Officers so elected shall serve without compensation or remuneration
30       from the Interstate Commission; PROVIDED THAT, subject to the
31       availability of budgeted funds, the officers shall be reimbursed for any
32       actual and necessary costs and expenses incurred by them in the perform-
33       ance of their duties and responsibilities as officers of the Interstate
34       Commission.
35       The Interstate Commission shall, through its executive committee, ap-
36       point or retain an executive director for such period, upon such terms
37       and conditions and for such compensation as the Interstate Commission
38       may deem appropriate. The executive director shall serve as secretary to
39       the Interstate Commission, and hire and supervise such other staff as may
40       be authorized by the Interstate Commission, but shall not be a member.
41       Section C. Corporate Records of the Interstate Commission
42       The Interstate Commission shall maintain its corporate books and records
43       in accordance with the By-laws.


  1       Section D. Qualified Immunity, Defense and Indemnification
  2       The Members, officers, executive director and employees of the Inter-
  3       state Commission shall be immune from suit and liability, either person-
  4       ally or in their official capacity, for any claim for damage to or loss of
  5       property or personal injury or other civil liability caused or arising out of
  6       any actual or alleged act, error or omission that occurred within the scope
  7       of Interstate Commission employment, duties or responsibilities; PRO-
  8       VIDED, that nothing in this paragraph shall be construed to protect any
  9       such person from suit and/or liability for any damage, loss, injury or lia-
10       bility caused by the intentional or willful and wanton misconduct of any
11       such person.
12       The Interstate Commission shall defend the Commissioner of a Com-
13       pacting State, or his or her representatives or employees, or the Interstate
14       Commission's representatives or employees, in any civil action seeking to
15       impose liability, arising out of any actual or alleged act, error or omission
16       that occurred within the scope of Interstate Commission employment,
17       duties or responsibilities, or that the defendant had a reasonable basis for
18       believing occurred within the scope of Interstate Commission employ-
19       ment, duties or responsibilities; PROVIDED, that the actual or alleged
20       act, error or omission did not result from intentional wrongdoing on the
21       part of such person.
22       The Interstate Commission shall indemnify and hold the Commissioner
23       of a Compacting State, the appointed designee or employees, or the In-
24       terstate Commission's representatives or employees, harmless in the
25       amount of any settlement or judgment obtained against such persons
26       arising out of any actual or alleged act, error or omission that occurred
27       within the scope of Interstate Commission employment, duties or re-
28       sponsibilities, or that such persons had a reasonable basis for believing
29       occurred within the scope of Interstate Commission employment, duties
30       or responsibilities, provided, that the actual or alleged act, error or omis-
31       sion did not result from gross negligence or intentional wrongdoing on
32       the part of such person.
35       The Interstate Commission shall meet and take such actions as are con-
36       sistent with the provisions of this Compact.
37       Except as otherwise provided in this Compact and unless a greater per-
38       centage is required by the By-laws, in order to constitute an act of the
39       Interstate Commission, such act shall have been taken at a meeting of
40       the Interstate Commission and shall have received an affirmative vote of
41       a majority of the members present.
42       Each Member of the Interstate Commission shall have the right and
43       power to cast a vote to which that Compacting State is entitled and to


  1       participate in the business and affairs of the Interstate Commission. A
  2       Member shall vote in person on behalf of the state and shall not delegate
  3       a vote to another member state. However, a State Council shall appoint
  4       another authorized representative, in the absence of the commissioner
  5       from that state, to cast a vote on behalf of the member state at a specified
  6       meeting. The By-laws may provide for Members' participation in meet-
  7       ings by telephone or other means of telecommunication or electronic
  8       communication. Any voting conducted by telephone, or other means of
  9       telecommunication or electronic communication shall be subject to the
10       same quorum requirements of meetings where members are present in
11       person.
12       The Interstate Commission shall meet at least once during each calendar
13       year. The chairperson of the Interstate Commission may call additional
14       meetings at any time and, upon the request of a majority of the Members,
15       shall call additional meetings.
16       The Interstate Commission's By-laws shall establish conditions and pro-
17       cedures under which the Interstate Commission shall make its informa-
18       tion and official records available to the public for inspection or copying.
19       The Interstate Commission may exempt from disclosure any information
20       or official records to the extent they would adversely affect personal pri-
21       vacy rights or proprietary interests. In promulgating such Rules, the In-
22       terstate Commission may make available to law enforcement agencies
23       records and information otherwise exempt from disclosure, and may enter
24       into agreements with law enforcement agencies to receive or exchange
25       information or records subject to nondisclosure and confidentiality
26       provisions.
27       Public notice shall be given of all meetings and all meetings shall be open
28       to the public, except as set forth in the Rules or as otherwise provided in
29       the Compact. The Interstate Commission shall promulgate Rules consis-
30       tent with the principles contained in the "Government in Sunshine Act,"
31       5 U.S.C. Section 552(b), as may be amended. The Interstate Commission
32       and any of its committees may close a meeting to the public where it
33       determines by two-thirds vote that an open meeting would be likely to:
34             relate solely to the Interstate Commission's internal personnel practices
35       and procedures;
36             disclose matters specifically exempted from disclosure by statute;
37             disclosure trade secrets or commercial or financial information which
38       is privileged or confidential;
39             involve accusing any person of a crime, or formally censuring any
40       person;
41             disclose information of a personal nature where disclosure would con-
42       stitute a clearly unwarranted invasion of personal privacy;
43             disclose investigatory records compiled for law enforcement purposes;


  1             disclose information contained in or related to examination, operating
  2       or condition reports prepared by, or on behalf of or for the use of, the
  3       Interstate Commission with respect to a regulated entity for the purpose
  4       of regulation or supervision of such entity;
  5             disclose information, the premature disclosure of which would signif-
  6       icantly endanger the life of a person or the stability of a regulated entity;
  7             specifically relate to the Interstate Commission's issuance of a sub-
  8       poena, or its participation in a civil action or proceeding.
  9       For every meeting closed pursuant to this provision, the Interstate Com-
10       mission's chief legal officer shall publicly certify that, in his or her opinion,
11       the meeting may be closed to the public, and shall reference each relevant
12       exemptive provision. The Interstate Commission shall keep minutes
13       which shall fully and clearly describe all matters discussed in any meeting
14       and shall provide a full and accurate summary of any actions taken, and
15       the reasons therefor, including a description of each of the views ex-
16       pressed on any item and the record of any rollcall vote (reflected in the
17       vote of each Member on the question). All documents considered in con-
18       nection with any action shall be identified in such minutes.
19       The Interstate Commission shall collect standardized data concerning the
20       interstate movement of offenders as directed through its By-laws and
21       Rules which shall specify the data to be collected, the means of collection
22       and data exchange and reporting requirements.
26       The Interstate Commission shall promulgate Rules in order to effectively
27       and efficiently achieve the purposes of the Compact including transition
28       rules governing administration of the compact during the period in which
29       it is being considered and enacted by the states.
30       Rulemaking shall occur pursuant to the criteria set forth in this Article
31       and the By-laws and Rules adopted pursuant thereto. Such rulemaking
32       shall substantially conform to the principles of the federal Administrative
33       Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory
34       Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended
35       (hereinafter "APA").
36       All Rules and amendments shall become binding as of the date specified
37       in each Rule or amendment.
38       If a majority of the legislatures of the Compacting States rejects a Rule,
39       by enactment of a statute or resolution in the same manner used to adopt
40       the compact, then such Rule shall have no further force and effect in any
41       Compacting State.
42       When promulgating a Rule, the Interstate Commission shall:
43             publish the proposed Rule stating with particularity the text of the Rule


  1       which is proposed and the reason for the proposed Rule;
  2             allow persons to submit written data, facts, opinions and arguments,
  3       which information shall be publicly available;
  4             provide an opportunity for an informal hearing; and
  5             promulgate a final Rule and its effective date, if appropriate, based on
  6       the rulemaking record.
  7       Not later than sixty days after a Rule is promulgated, any interested per-
  8       son may file a petition in the United States District Court for the District
  9       of Columbia or in the Federal District Court where the Interstate Com-
10       mission's principal office is located for judicial review of such Rule. If the
11       court finds that the Interstate Commission's action is not supported by
12       substantial evidence, (as defined in the APA), in the rulemaking record,
13       the court shall hold the Rule unlawful and set it aside.
14       Subjects to be addressed within 12 months after the first meeting must
15       at a minimum include:
16             notice to victims and opportunity to be heard;
17             offender registration and compliance;
18             violations/returns;
19             transfer procedures and forms;
20             eligibility for transfer;
21             collection of restitution and fees from offenders;
22             data collection and reporting;
23             the level of supervision to be provided by the receiving state;
24             transition rules governing the operation of the compact and the Inter-
25       state Commission during all or part of the period between the effective
26       date of the compact and the date on which the last eligible state adopts
27       the compact;
28             mediation, arbitration and dispute resolution.
29       The existing rules governing the operation of the previous compact su-
30       perceded by this Act shall be null and void twelve (12) months after the
31       first meeting of the Interstate Commission created hereunder.
32       Upon determination by the Interstate Commission that an emergency
33       exists, it may promulgate an emergency rule which shall become effective
34       immediately upon adoption, provided that the usual rulemaking proce-
35       dures provided hereunder shall be retroactively applied to said rule as
36       soon as reasonably possible, in no event later than 90 days after the ef-
37       fective date of the rule.
41       Section A. Oversight
42       The Interstate Commission shall oversee the interstate movement of
43       adult offenders in the compacting states and shall monitor such activities


  1       being administered in Non-compacting States which may significantly af-
  2       fect Compacting States.
  3       The courts and executive agencies in each Compacting State shall enforce
  4       this Compact and shall take all actions necessary and appropriate to ef-
  5       fectuate the Compact's purposes and intent. In any judicial or adminis-
  6       trative proceeding in a Compacting State pertaining to the subject matter
  7       of this Compact which may affect the powers, responsibilities or actions
  8       of the Interstate Commission, the Interstate Commission shall be entitled
  9       to receive all service of process in any such proceeding, and shall have
10       standing to intervene in the proceeding for all purposes.
11       Section B. Dispute Resolution
12       The Compacting States shall report to the Interstate Commission on is-
13       sues or activities of concern to them, and cooperate with and support the
14       Interstate Commission in the discharge of its duties and responsibilities.
15       The Interstate Commission shall attempt to resolve any disputes or other
16       issues which are subject to the Compact and which may arise among
17       Compacting States and Non-compacting States.
18       The Interstate Commission shall enact a By-law or promulgate a Rule
19       providing for both mediation and binding dispute resolution for disputes
20       among the Compacting States.
21       Section C. Enforcement
22       The Interstate Commission, in the reasonable exercise of its discretion,
23       shall enforce the provisions of this compact using any or all means set
24       forth in Article XII, Section B, of this compact.
27       The Interstate Commission shall pay or provide for the payment of the
28       reasonable expenses of its establishment, organization and ongoing
29       activities.
30       The Interstate Commission shall levy on and collect an annual assessment
31       from each Compacting State to cover the cost of the internal operations
32       and activities of the Interstate Commission and its staff which must be in
33       a total amount sufficient to cover the Interstate Commission's annual
34       budget as approved each year. The aggregate annual assessment amount
35       shall be allocated based upon a formula to be determined by the Inter-
36       state Commission, taking into consideration the population of the state
37       and the volume of interstate movement of offenders in each Compacting
38       State and shall promulgate a Rule binding upon all Compacting States
39       which governs said assessment.
40       The Interstate Commission shall not incur any obligations of any kind
41       prior to securing the funds adequate to meet the same; nor shall the
42       Interstate Commission pledge the credit of any of the compacting states,
43       except by and with the authority of the compacting state.


  1       The Interstate Commission shall keep accurate accounts of all receipts
  2       and disbursements. The receipts and disbursements of the Interstate
  3       Commission shall be subject to the audit and accounting procedures es-
  4       tablished under its By-laws. However, all receipts and disbursements of
  5       funds handled by the Interstate Commission shall be audited yearly by a
  6       certified or licensed public accountant and the report of the audit shall
  7       be included in and become part of the annual report of the Interstate
  8       Commission.
12       Any state, as defined in Article II of this compact, is eligible to become
13       a Compacting State.
14       The Compact shall become effective and binding upon legislative enact-
15       ment of the Compact into law by no less than 35 of the States. The initial
16       effective date shall be the later of July 1, 2001, or upon enactment into
17       law by the 35th jurisdiction. Thereafter it shall become effective and
18       binding, as to any other Compacting State, upon enactment of the Com-
19       pact into law by that State. The governors of Non-member states or their
20       designees will be invited to participate in Interstate Commission activities
21       on a non-voting basis prior to adoption of the compact by all states and
22       territories of the United States.
23       Amendments to the Compact may be proposed by the Interstate Com-
24       mission for enactment by the Compacting States. No amendment shall
25       become effective and binding upon the Interstate Commission and the
26       Compacting States unless and until it is enacted into law by unanimous
27       consent of the Compacting States.
31       Section A. Withdrawal
32       Once effective, the Compact shall continue in force and remain binding
33       upon each and every Compacting State; PROVIDED, that a Compacting
34       State may withdraw from the Compact ("Withdrawing State") by enacting
35       a statute specifically repealing the statute which enacted the Compact
36       into law.
37       The effective date of withdrawal is the effective date of the repeal.
38       The Withdrawing State shall immediately notify the Chairperson of the
39       Interstate Commission in writing upon the introduction of legislation re-
40       pealing this Compact in the Withdrawing State.
41       The Interstate Commission shall notify the other Compacting States of
42       the Withdrawing State's intent to withdraw within sixty days of its receipt
43       thereof.


  1       The Withdrawing State is responsible for all assessments, obligations and
  2       liabilities incurred through the effective date of withdrawal, including any
  3       obligations, the performance of which extend beyond the effective date
  4       of withdrawal.
  5       Reinstatement following withdrawal of any Compacting State shall occur
  6       upon the Withdrawing State reenacting the Compact or upon such later
  7       date as determined by the Interstate Commission
  8       Section B. Default
  9       If the Interstate Commission determines that any Compacting State has
10       at any time defaulted ("Defaulting State") in the performance of any of
11       its obligations or responsibilities under this Compact, the By-laws or any
12       duly promulgated Rules the Interstate Commission may impose any or
13       all of the following penalties:
14       Fines, fees and costs in such amounts as are deemed to be reasonable as
15       fixed by the Interstate Commission;
16       Remedial training and technical assistance as directed by the Interstate
17       Commission;
18       Suspension and termination of membership in the compact. Suspension
19       shall be imposed only after all other reasonable means of securing com-
20       pliance under the By-laws and Rules have been exhausted. Immediate
21       notice of suspension shall be given by the Interstate Commission to the
22       Governor, the Chief Justice or Chief Judicial Officer of the state; the
23       majority and minority leaders of the defaulting state's legislature, and the
24       State Council.
25       The grounds for default include, but are not limited to, failure of a Com-
26       pacting State to perform such obligations or responsibilities imposed
27       upon it by this compact, Interstate Commission By-laws, or duly prom-
28       ulgated Rules. The Interstate Commission shall immediately notify the
29       Defaulting State in writing of the penalty imposed by the Interstate Com-
30       mission on the Defaulting State pending a cure of the default. The In-
31       terstate Commission shall stipulate the conditions and the time period
32       within which the Defaulting State must cure its default. If the Defaulting
33       State fails to cure the default within the time period specified by the
34       Interstate Commission, in addition to any other penalties imposed herein,
35       the Defaulting State may be terminated from the Compact upon an af-
36       firmative vote of a majority of the Compacting States and all rights, priv-
37       ileges and benefits conferred by this Compact shall be terminated from
38       the effective date of suspension.
39       Within sixty days of the effective date of termination of a Defaulting State,
40       the Interstate Commission shall notify the Governor, the Chief Justice or
41       Chief Judicial Officer and the Majority and Minority Leaders of the De-
42       faulting State's legislature and the state council of such termination.
43       The Defaulting State is responsible for all assessments, obligations and


  1       liabilities incurred through the effective date of termination including any
  2       obligations, the performance of which extends beyond the effective date
  3       of termination.
  4       The Interstate Commission shall not bear any costs relating to the De-
  5       faulting State unless otherwise mutually agreed upon between the Inter-
  6       state Commission and the Defaulting State.
  7       Reinstatement following termination of any Compacting State requires
  8       both a reenactment of the Compact by the Defaulting State and the
  9       approval of the Interstate Commission pursuant to the Rules.
10       Section C. Judicial Enforcement
11       The Interstate Commission may, by majority vote of the Members, ini-
12       tiate legal action in the United States District Court for the District of
13       Columbia or, at the discretion of the Interstate Commission, in the Fed-
14       eral District where the Interstate Commission has its offices to enforce
15       compliance with the provisions of the Compact, its duly promulgated
16       Rules and By-laws, against any Compacting State in default. In the event
17       judicial enforcement is necessary the prevailing party shall be awarded all
18       costs of such litigation including reasonable attorneys fees.
19       Section D. Dissolution of Compact
20       The Compact dissolves effective upon the date of the withdrawal or de-
21       fault of the Compacting State which reduces membership in the Compact
22       to one Compacting State.
23       Upon the dissolution of this Compact, the Compact becomes null and
24       void and shall be of no further force or effect, and the business and affairs
25       of the Interstate Commission shall be wound up and any surplus funds
26       shall be distributed in accordance with the By-laws.
29       The provisions of this Compact shall be severable, and if any phrase,
30       clause, sentence or provision is deemed unenforceable, the remaining
31       provisions of the Compact shall be enforceable.
32       The provisions of this Compact shall be liberally constructed to effectuate
33       its purposes.
36       Section A. Other Laws
37       Nothing herein prevents the enforcement of any other law of a Com-
38       pacting State that is not inconsistent with this Compact.
39       All Compacting States' laws conflicting with this Compact are superseded
40       to the extent of the conflict.
41       Section B. Binding Effect of the Compact
42       All lawful actions of the Interstate Commission, including all Rules and
43       By-laws promulgated by the Interstate Commission, are binding upon the


  1       Compacting States.
  2       All agreements between the Interstate Commission and the Compacting
  3       States are binding in accordance with their terms.
  4       Upon the request of a party to a conflict over meaning or interpretation
  5       of Interstate Commission actions, and upon a majority vote of the Com-
  6       pacting States, the Interstate Commission may issue advisory opinions
  7       regarding such meaning or interpretation.
  8       In the event any provision of this Compact exceeds the constitutional
  9       limits imposed on the legislature of any Compacting State, the obligations,
10       duties, powers or jurisdiction sought to be conferred by such provision
11       upon the Interstate Commission shall be ineffective and such obligations,
12       duties, powers or jurisdiction shall remain in the Compacting State and
13       shall be exercised by the agency thereof to which such obligations, duties,
14       powers or jurisdiction are delegated by law in effect at the time this
15       Compact becomes effective. 
16       Sec.  2. K.S.A. 22-4101, 22-4102 and 22-4103 are hereby repealed.
17        Sec.  3. This act shall take effect and be in force from and after the
18       later of July 1, 2001 or upon enactment into law by the 35th jurisdiction,
19       and its publication in the statute book.