Session of 2000
By Committee on Appropriations

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


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


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


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


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


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


  1       The Members, officers, executive director and employees of the Inter-
  2       state Commission shall be immune from suit and liability, either person-
  3       ally or in their official capacity, for any claim for damage to or loss of
  4       property or personal injury or other civil liability caused or arising out of
  5       any actual or alleged act, error or omission that occurred within the scope
  6       of Interstate Commission employment, duties or responsibilities; PRO-
  7       VIDED, that nothing in this paragraph shall be construed to protect any
  8       such person from suit and/or liability for any damage, loss, injury or lia-
  9       bility caused by the intentional or willful and wanton misconduct of any
10       such person. The Interstate Commission shall defend the Commissioner
11       of a Compacting State, or his or her representatives or employees, or the
12       Interstate Commission's representatives or employees, in any civil action
13       seeking to impose liability, arising out of any actual or alleged act, error
14       or omission that occurred within the scope of Interstate Commission em-
15       ployment, duties or responsibilities, or that the defendant had a reason-
16       able basis for believing occurred within the scope of Interstate Commis-
17       sion employment, duties or responsibilities; PROVIDED, that the actual
18       or alleged act, error or omission did not result from intentional wrong-
19       doing on the part of such person. The Interstate Commission shall in-
20       demnify and hold the Commissioner of a Compacting State, the ap-
21       pointed designee or employees, or the Interstate Commission's
22       representatives or employees, harmless in the amount of any settlement
23       or judgment obtained against such persons arising out of any actual or
24       alleged act, error or omission that occurred within the scope of Interstate
25       Commission employment, duties or responsibilities, or that such persons
26       had a reasonable basis for believing occurred within the scope of Inter-
27       state Commission employment, duties or responsibilities, provided, that
28       the actual or alleged act, error or omission did not result from gross
29       negligence or intentional wrongdoing on the part of such person.
32       The Interstate Commission shall meet and take such actions as are con-
33       sistent with the provisions of this Compact. Except as otherwise provided
34       in this Compact and unless a greater percentage is required by the By-
35       laws, in order to constitute an act of the Interstate Commission, such act
36       shall have been taken at a meeting of the Interstate Commission and shall
37       have received an affirmative vote of a majority of the members present.
38       Each Member of the Interstate Commission shall have the right and
39       power to cast a vote to which that Compacting State is entitled and to
40       participate in the business and affairs of the Interstate Commission. A
41       Member shall vote in person on behalf of the state and shall not delegate
42       a vote to another member state. However, a State Council shall appoint
43       another authorized representative, in the absence of the commissioner


  1       from that state, to cast a vote on behalf of the member state at a specified
  2       meeting. The By-laws may provide for Members' participation in meet-
  3       ings by telephone or other means of telecommunication or electronic
  4       communication. Any voting conducted by telephone, or other means of
  5       telecommunication or electronic communication shall be subject to the
  6       same quorum requirements of meetings where members are present in
  7       person. The Interstate Commission shall meet at least once during each
  8       calendar year. The chairperson of the Interstate Commission may call
  9       additional meetings at any time and, upon the request of a majority of
10       the Members, shall call additional meetings. The Interstate Commission's
11       By-laws shall establish conditions and procedures under which the Inter-
12       state Commission shall make its information and official records available
13       to the public for inspection or copying. The Interstate Commission may
14       exempt from disclosure any information or official records to the extent
15       they would adversely affect personal privacy rights or proprietary inter-
16       ests. In promulgating such Rules, the Interstate Commission may make
17       available to law enforcement agencies records and information otherwise
18       exempt from disclosure, and may enter into agreements with law enforce-
19       ment agencies to receive or exchange information or records subject to
20       nondisclosure and confidentiality provisions. Public notice shall be given
21       of all meetings and all meetings shall be open to the public, except as set
22       forth in the Rules or as otherwise provided in the Compact. The Interstate
23       Commission shall promulgate Rules consistent with the principles con-
24       tained in the ``Government in Sunshine Act,'' 5 U.S.C. Section 552(b), as
25       may be amended. The Interstate Commission and any of its committees
26       may close a meeting to the public where it determines by two-thirds vote
27       that an open meeting would be likely to:
28             relate solely to the Interstate Commission's internal personnel practices
29       and procedures;
30             disclose matters specifically exempted from disclosure by statute;
31             disclosure trade secrets or commercial or financial information which
32       is privileged or confidential;
33             involve accusing any person of a crime, or formally censuring any
34       person;
35             disclose information of a personal nature where disclosure would con-
36       stitute a clearly unwarranted invasion of personal privacy;
37             disclose investigatory records compiled for law enforcement purposes;
38             disclose information contained in or related to examination, operating
39       or condition reports prepared by, or on behalf of or for the use of, the
40       Interstate Commission with respect to a regulated entity for the purpose
41       of regulation or supervision of such entity;
42             disclose information, the premature disclosure of which would signif-
43       icantly endanger the life of a person or the stability of a regulated entity;


  1             specifically relate to the Interstate Commission's issuance of a sub-
  2       poena, or its participation in a civil action or proceeding. For every meet-
  3       ing closed pursuant to this provision, the Interstate Commission's chief
  4       legal officer shall publicly certify that, in his or her opinion, the meeting
  5       may be closed to the public, and shall reference each relevant exemptive
  6       provision. The Interstate Commission shall keep minutes which shall fully
  7       and clearly describe all matters discussed in any meeting and shall provide
  8       a full and accurate summary of any actions taken, and the reasons there-
  9       for, including a description of each of the views expressed on any item
10       and the record of any rollcall vote (reflected in the vote of each Member
11       on the question). All documents considered in connection with any action
12       shall be identified in such minutes. The Interstate Commission shall col-
13       lect standardized data concerning the interstate movement of offenders
14       as directed through its By-laws and Rules which shall specify the data to
15       be collected, the means of collection and data exchange and reporting
16       requirements.
20       The Interstate Commission shall promulgate Rules in order to effectively
21       and efficiently achieve the purposes of the Compact including transition
22       rules governing administration of the compact during the period in which
23       it is being considered and enacted by the states. Rulemaking shall occur
24       pursuant to the criteria set forth in this Article and the By-laws and Rules
25       adopted pursuant thereto. Such rulemaking shall substantially conform
26       to the principles of the federal Administrative Procedure Act, 5 U.S.C.S.
27       section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S.
28       app. 2, section 1 et seq., as may be amended (hereinafter ``APA''). All
29       Rules and amendments shall become binding as of the date specified in
30       each Rule or amendment. If a majority of the legislatures of the Com-
31       pacting States rejects a Rule, by enactment of a statute or resolution in
32       the same manner used to adopt the compact, then such Rule shall have
33       no further force and effect in any Compacting State. When promulgating
34       a Rule, the Interstate Commission shall:
35             publish the proposed Rule stating with particularity the text of the Rule
36       which is proposed and the reason for the proposed Rule;
37             allow persons to submit written data, facts, opinions and arguments,
38       which information shall be publicly available;
39             provide an opportunity for an informal hearing; and
40             promulgate a final Rule and its effective date, if appropriate, based on
41       the rulemaking record. Not later than sixty days after a Rule is promul-
42       gated, any interested person may file a petition in the United States Dis-
43       trict Court for the District of Columbia or in the Federal District Court


  1       where the Interstate Commission's principal office is located for judicial
  2       review of such Rule. If the court finds that the Interstate Commission's
  3       action is not supported by substantial evidence, (as defined in the APA),
  4       in the rulemaking record, the court shall hold the Rule unlawful and set
  5       it aside. Subjects to be addressed within 12 months after the first meeting
  6       must at a minimum include:
  7             notice to victims and opportunity to be heard;
  8             offender registration and compliance;
  9             violations/returns;
10             transfer procedures and forms;
11             eligibility for transfer;
12             collection of restitution and fees from offenders;
13             data collection and reporting;
14             the level of supervision to be provided by the receiving state;
15             transition rules governing the operation of the compact and the Inter-
16       state Commission during all or part of the period between the effective
17       date of the compact and the date on which the last eligible state adopts
18       the compact;
19             mediation, arbitration and dispute resolution. The existing rules gov-
20       erning the operation of the previous compact superceded by this Act shall
21       be null and void twelve (12) months after the first meeting of the Inter-
22       state Commission created hereunder. Upon determination by the Inter-
23       state Commission that an emergency exists, it may promulgate an emer-
24       gency rule which shall become effective immediately upon adoption,
25       provided that the usual rulemaking procedures provided hereunder shall
26       be retroactively applied to said rule as soon as reasonably possible, in no
27       event later than 90 days after the effective date of the rule.
31       Section A. Oversight
32       The Interstate Commission shall oversee the interstate movement of
33       adult offenders in the compacting states and shall monitor such activities
34       being administered in Non-compacting States which may significantly af-
35       fect Compacting States. The courts and executive agencies in each Com-
36       pacting State shall enforce this Compact and shall take all actions nec-
37       essary and appropriate to effectuate the Compact's purposes and intent.
38       In any judicial or administrative proceeding in a Compacting State per-
39       taining to the subject matter of this Compact which may affect the pow-
40       ers, responsibilities or actions of the Interstate Commission, the Interstate
41       Commission shall be entitled to receive all service of process in any such
42       proceeding, and shall have standing to intervene in the proceeding for all
43       purposes.


  1       Section B. Dispute Resolution
  2       The Compacting States shall report to the Interstate Commission on is-
  3       sues or activities of concern to them, and cooperate with and support the
  4       Interstate Commission in the discharge of its duties and responsibilities.
  5       The Interstate Commission shall attempt to resolve any disputes or other
  6       issues which are subject to the Compact and which may arise among
  7       Compacting States and Non-compacting States. The Interstate Commis-
  8       sion shall enact a By-law or promulgate a Rule providing for both medi-
  9       ation and binding dispute resolution for disputes among the Compacting
10       States.
11       Section C. Enforcement
12       The Interstate Commission, in the reasonable exercise of its discretion,
13       shall enforce the provisions of this compact using any or all means set
14       forth in Article XII, Section B, of this compact.
16       The Interstate Commission shall pay or provide for the payment of the
17       reasonable expenses of its establishment, organization and ongoing activ-
18       ities. The Interstate Commission shall levy on and collect an annual as-
19       sessment from each Compacting State to cover the cost of the internal
20       operations and activities of the Interstate Commission and its staff which
21       must be in a total amount sufficient to cover the Interstate Commission's
22       annual budget as approved each year. The aggregate annual assessment
23       amount shall be allocated based upon a formula to be determined by the
24       Interstate Commission, taking into consideration the population of the
25       state and the volume of interstate movement of offenders in each Com-
26       pacting State and shall promulgate a Rule binding upon all Compacting
27       States which governs said assessment. The Interstate Commission shall
28       not incur any obligations of any kind prior to securing the funds adequate
29       to meet the same; nor shall the Interstate Commission pledge the credit
30       of any of the compacting states, except by and with the authority of the
31       compacting state. The Interstate Commission shall keep accurate ac-
32       counts of all receipts and disbursements. The receipts and disbursements
33       of the Interstate Commission shall be subject to the audit and accounting
34       procedures established under its By-laws. However, all receipts and dis-
35       bursements of funds handled by the Interstate Commission shall be au-
36       dited yearly by a certified or licensed public accountant and the report
37       of the audit shall be included in and become part of the annual report of
38       the Interstate Commission.
42       Any state, as defined in Article II of this compact, is eligible to become
43       a Compacting State. The Compact shall become effective and binding


  1       upon legislative enactment of the Compact into law by no less than 35 of
  2       the States. The initial effective date shall be the later of July 1, 2001, or
  3       upon enactment into law by the 35th jurisdiction. Thereafter it shall be-
  4       come effective and binding, as to any other Compacting State, upon en-
  5       actment of the Compact into law by that State. The governors of Non-
  6       member states or their designees will be invited to participate in
  7       Interstate Commission activities on a non-voting basis prior to adoption
  8       of the compact by all states and territories of the United States. Amend-
  9       ments to the Compact may be proposed by the Interstate Commission
10       for enactment by the Compacting States. No amendment shall become
11       effective and binding upon the Interstate Commission and the Com-
12       pacting States unless and until it is enacted into law by unanimous consent
13       of the Compacting States.
17       Section A. Withdrawal
18       Once effective, the Compact shall continue in force and remain binding
19       upon each and every Compacting State; PROVIDED, that a Compacting
20       State may withdraw from the Compact (``Withdrawing State'') by enacting
21       a statute specifically repealing the statute which enacted the Compact
22       into law. The effective date of withdrawal is the effective date of the
23       repeal. The Withdrawing State shall immediately notify the Chairperson
24       of the Interstate Commission in writing upon the introduction of legis-
25       lation repealing this Compact in the Withdrawing State. The Interstate
26       Commission shall notify the other Compacting States of the Withdrawing
27       State's intent to withdraw within sixty days of its receipt thereof. The
28       Withdrawing State is responsible for all assessments, obligations and lia-
29       bilities incurred through the effective date of withdrawal, including any
30       obligations, the performance of which extend beyond the effective date
31       of withdrawal. Reinstatement following withdrawal of any Compacting
32       State shall occur upon the Withdrawing State reenacting the Compact or
33       upon such later date as determined by the Interstate Commission
34       Section B. Default
35       If the Interstate Commission determines that any Compacting State has
36       at any time defaulted (``Defaulting State'') in the performance of any of
37       its obligations or responsibilities under this Compact, the By-laws or any
38       duly promulgated Rules the Interstate Commission may impose any or
39       all of the following penalties: Fines, fees and costs in such amounts as are
40       deemed to be reasonable as fixed by the Interstate Commission; Remedial
41       training and technical assistance as directed by the Interstate Commis-
42       sion; Suspension and termination of membership in the compact. Sus-
43       pension shall be imposed only after all other reasonable means of securing


  1       compliance under the By-laws and Rules have been exhausted. Imme-
  2       diate notice of suspension shall be given by the Interstate Commission to
  3       the Governor, the Chief Justice or Chief Judicial Officer of the state; the
  4       majority and minority leaders of the defaulting state's legislature, and the
  5       State Council. The grounds for default include, but are not limited to,
  6       failure of a Compacting State to perform such obligations or responsibil-
  7       ities imposed upon it by this compact, Interstate Commission By-laws, or
  8       duly promulgated Rules. The Interstate Commission shall immediately
  9       notify the Defaulting State in writing of the penalty imposed by the In-
10       terstate Commission on the Defaulting State pending a cure of the de-
11       fault. The Interstate Commission shall stipulate the conditions and the
12       time period within which the Defaulting State must cure its default. If
13       the Defaulting State fails to cure the default within the time period spec-
14       ified by the Interstate Commission, in addition to any other penalties
15       imposed herein, the Defaulting State may be terminated from the Com-
16       pact upon an affirmative vote of a majority of the Compacting States and
17       all rights, privileges and benefits conferred by this Compact shall be ter-
18       minated from the effective date of suspension. Within sixty days of the
19       effective date of termination of a Defaulting State, the Interstate Com-
20       mission shall notify the Governor, the Chief Justice or Chief Judicial Of-
21       ficer and the Majority and Minority Leaders of the Defaulting State's
22       legislature and the state council of such termination. The Defaulting State
23       is responsible for all assessments, obligations and liabilities incurred
24       through the effective date of termination including any obligations, the
25       performance of which extends beyond the effective date of termination.
26       The Interstate Commission shall not bear any costs relating to the De-
27       faulting State unless otherwise mutually agreed upon between the Inter-
28       state Commission and the Defaulting State. Reinstatement following ter-
29       mination of any Compacting State requires both a reenactment of the
30       Compact by the Defaulting State and the approval of the Interstate Com-
31       mission pursuant to the Rules.
32       Section C. Judicial Enforcement
33       The Interstate Commission may, by majority vote of the Members, ini-
34       tiate legal action in the United States District Court for the District of
35       Columbia or, at the discretion of the Interstate Commission, in the Fed-
36       eral District where the Interstate Commission has its offices to enforce
37       compliance with the provisions of the Compact, its duly promulgated
38       Rules and By-laws, against any Compacting State in default. In the event
39       judicial enforcement is necessary the prevailing party shall be awarded all
40       costs of such litigation including reasonable attorneys fees.
41       Section D. Dissolution of Compact
42       The Compact dissolves effective upon the date of the withdrawal or de-
43       fault of the Compacting State which reduces membership in the Compact


  1       to one Compacting State. Upon the dissolution of this Compact, the Com-
  2       pact becomes null and void and shall be of no further force or effect, and
  3       the business and affairs of the Interstate Commission shall be wound up
  4       and any surplus funds shall be distributed in accordance with the By-laws.
  7       The provisions of this Compact shall be severable, and if any phrase,
  8       clause, sentence or provision is deemed unenforceable, the remaining
  9       provisions of the Compact shall be enforceable. The provisions of this
10       Compact shall be liberally constructed to effectuate its purposes.
13       Section A. Other Laws
14       Nothing herein prevents the enforcement of any other law of a Com-
15       pacting State that is not inconsistent with this Compact. All Compacting
16       States' laws conflicting with this Compact are superseded to the extent
17       of the conflict.
18       Section B. Binding Effect of the Compact
19       All lawful actions of the Interstate Commission, including all Rules and
20       By-laws promulgated by the Interstate Commission, are binding upon the
21       Compacting States. All agreements between the Interstate Commission
22       and the Compacting States are binding in accordance with their terms.
23       Upon the request of a party to a conflict over meaning or interpretation
24       of Interstate Commission actions, and upon a majority vote of the Com-
25       pacting States, the Interstate Commission may issue advisory opinions
26       regarding such meaning or interpretation. In the event any provision of
27       this Compact exceeds the constitutional limits imposed on the legislature
28       of any Compacting State, the obligations, duties, powers or jurisdiction
29       sought to be conferred by such provision upon the Interstate Commission
30       shall be ineffective and such obligations, duties, powers or jurisdiction
31       shall remain in the Compacting State and shall be exercised by the agency
32       thereof to which such obligations, duties, powers or jurisdiction are del-
33       egated by law in effect at the time this Compact becomes effective. 
34       Sec.  2. K.S.A. 22-4101, 22-4102 and 22-4103 are hereby repealed.
35        Sec.  3. This act shall take effect and be in force from and after the
36       later of July 1, 2001 or upon enactment into law by the 35th jurisdiction,
37       and its publication in the statute book.