[Rev. 11/21/2013 9:16:39
AM--2013]
CHAPTER 62I - INTERSTATE COMPACT FOR
JUVENILES
NRS 62I.015 Text
of Compact.
NRS 62I.025 Payment
of claims from Reserve for Statutory Contingency Account.
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NRS 62I.015 Text of Compact. The
Interstate Compact for Juveniles is hereby ratified, enacted into law and
entered into with all jurisdictions legally joining the Compact, in
substantially the form set forth in this section:
ARTICLE I. PURPOSE
The compacting states to the Interstate Compact for
Juveniles recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation
or parole and who have absconded, escaped or run away from supervision and
control and in so doing have endangered their own safety and the safety of
others. The compacting states also recognize that each state is responsible for
the safe return of juveniles who have run away from home and in doing so have
left their state of residence. The compacting states also recognize that Congress,
by enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the
prevention of crime.
It is the purpose of this Compact, through means of
joint and cooperative action among the compacting states, to:
(1) Ensure that the adjudicated juveniles
and status offenders subject to this Compact are provided adequate supervision
and services in the receiving state as ordered by the adjudicating judge or
parole authority in the sending state.
(2) Ensure that the public safety
interests of the citizens, including the victims of juvenile offenders, in both
the sending and receiving states, are adequately protected.
(3) Return juveniles who have run away,
absconded or escaped from supervision or control or who have been accused of an
offense to the state requesting their return.
(4) Make contracts for the cooperative
institutionalization in public facilities in member states of delinquent youth
needing special services.
(5) Provide for the effective tracking and
supervision of juveniles.
(6) Equitably allocate the costs, benefits
and obligations of the compacting states.
(7) Establish procedures to manage the
movement between states of juvenile offenders released to the community under
the jurisdiction of courts, juvenile departments or any other criminal or
juvenile justice agency which has jurisdiction over juvenile offenders.
(8) Ensure immediate notice to
jurisdictions where defined offenders are authorized to travel or to relocate
across state lines.
(9) Establish procedures to resolve
pending charges (detainers) against juvenile offenders prior to transfer or
release to the community under the terms of this Compact.
(10) Establish a system of uniform data
collection on information pertaining to juveniles subject to this Compact that
allows access by authorized juvenile justice and criminal justice officials,
and regular reporting of the Compact’s activities to heads of state executive,
judicial and legislative branches and juvenile and criminal justice
administrators.
(11) Monitor compliance with rules
governing interstate movement of juveniles and initiate interventions to
address and correct noncompliance.
(12) Coordinate training and education
regarding the regulation of interstate movement of juveniles for officials involved
in such activity.
(13) Coordinate the implementation and
operation of the Compact with the Interstate Compact on the Placement of
Children, the Interstate Compact for Adult Offender Supervision and other
compacts affecting juveniles, particularly in those cases where concurrent or
overlapping supervision issues arise.
It is the policy of the compacting states that the
activities conducted by the Interstate Commission created herein are the
formation of public policies and therefore are public business. Furthermore,
the compacting states shall cooperate and observe their individual and
collective duties and responsibilities for the prompt return and acceptance of
juveniles subject to the provisions of this Compact. The provisions of this
Compact shall be reasonably and liberally construed to accomplish the purposes
and policies of the Compact.
ARTICLE II. DEFINITIONS
As used in this Compact, unless the context clearly
requires a different construction:
(1) “Bylaws” means those bylaws established
by the Interstate Commission for its governance or for directing or controlling
its actions or conduct.
(2) “Commissioner” means the voting
representative of each compacting state appointed pursuant to Article III of
this Compact.
(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 juveniles subject to the terms of this Compact, the
rules adopted by the Interstate Commission and policies adopted by the State
Council under this Compact.
(4) “Compacting state” means any state
which has enacted the enabling legislation for this Compact.
(5) “Court” means any court having
jurisdiction over delinquent, neglected or dependent children.
(6) “Deputy Compact Administrator” means
the individual, if any, in each compacting state appointed to act on behalf of
a Compact Administrator pursuant to the terms of this Compact responsible for
the administration and management of the state’s supervision and transfer of
juveniles subject to the terms of this Compact, the rules adopted by the
Interstate Commission and policies adopted by the State Council under this
Compact.
(7) “Interstate Commission” means the
Interstate Commission for Juveniles created by Article III of this Compact.
(8) “Juvenile” means any person defined as
a juvenile in any member state or by the rules of the Interstate Commission,
including:
(a) Accused Delinquent—a person charged
with an offense that, if committed by an adult, would be a criminal offense;
(b) Adjudicated Delinquent—a person found
to have committed an offense that, if committed by an adult, would be a
criminal offense;
(c) Accused Status Offender—a person
charged with an offense that would not be a criminal offense if committed by an
adult;
(d) Adjudicated Status Offender—a person
found to have committed an offense that would not be a criminal offense if
committed by an adult; and
(e) Nonoffender—a person in need of
supervision who has not been accused or adjudicated a status offender or
delinquent.
(9) “Noncompacting state” means any state
which has not enacted the enabling legislation for this Compact.
(10) “Probation or parole” means any kind
of supervision or conditional release of juveniles authorized under the laws of
the compacting states.
(11) “Rule” means a written statement by
the Interstate Commission promulgated pursuant to Article VI of this Compact
that is of general applicability, implements, interprets or prescribes a policy
or provision of the Compact or an organizational, procedural or practice
requirement of the Interstate Commission, and has the force and effect of
statutory law in a compacting state, and includes the amendment, repeal or
suspension of an existing rule.
(12) “State” means a state of the United
States, the District of Columbia (or its designee), the Commonwealth of Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Marianas
Islands.
(13) “State Council” means the resident
members of the State Council for Interstate Juvenile Supervision created by
each state under Article IX of this Compact.
ARTICLE III. INTERSTATE
COMMISSION FOR JUVENILES
(1) The compacting states hereby create
the Interstate Commission for Juveniles. The Interstate Commission shall be a
body corporate and joint agency of the compacting states. The Interstate
Commission shall have all the responsibilities, powers and duties set forth
herein, and such additional powers as may be conferred upon it by subsequent action
of the respective legislatures of the compacting states in accordance with the
terms of this Compact.
(2) The Interstate Commission shall
consist of Commissioners appointed by the appropriate appointing authority in
each state pursuant to the rules and requirements of each compacting state and
in consultation with the State Council created hereunder. The Commissioner
shall be the Compact Administrator, Deputy Compact Administrator or designee
from that state who shall serve on the Interstate Commission in such capacity
under or pursuant to the applicable law of the compacting state.
(3) In addition to the Commissioners who
are the voting representatives of each state, the Interstate Commission shall
include individuals who are not Commissioners, but who are members of
interested organizations. Such noncommissioner members must include a member of
the national organizations of governors, legislators, state chief justices,
attorneys general, Interstate Compact for Adult Offender Supervision,
Interstate Compact on the Placement of Children, juvenile justice and juvenile
corrections officials, and crime victims. All noncommissioner members of the
Interstate Commission shall be ex officio, nonvoting members. The Interstate
Commission may provide in its bylaws for such additional ex officio, nonvoting
members, including members of other national organizations, in such numbers as
shall be determined by the Interstate Commission.
(4) Each compacting state represented at
any meeting of the Interstate Commission is entitled to one vote. A majority of
the compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the Interstate
Commission.
(5) The Interstate Commission shall meet
at least once each calendar year. The Chairperson may call additional meetings
and, upon the request of a simple majority of the compacting states, shall call
additional meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.
(6) The Interstate Commission shall
establish an Executive Committee, which shall include Interstate Commission
officers, members and others as determined by the bylaws. The Executive
Committee shall have the power to act on behalf of the Interstate Commission
during periods when the Interstate Commission is not in session, with the
exception of rulemaking and/or amendment to the Compact. The Executive
Committee shall oversee the day-to-day activities of the administration of the
Compact managed by an Executive Director and Interstate Commission staff,
administer enforcement and compliance with the provisions of the Compact, its
bylaws and rules, and perform such other duties as directed by the Interstate
Commission or set forth in the bylaws.
(7) Each member of the Interstate
Commission shall have the right and power to cast a vote to which that
compacting state is entitled and to participate in the business and affairs of
the Interstate Commission. A member shall vote in person and shall not delegate
a vote to another compacting state. However, a Commissioner, in consultation
with the State Council, shall appoint another authorized representative, in the
absence of the Commissioner from that state, to cast a vote on behalf of the
compacting state at a specified meeting. The bylaws may provide for members’
participation in meetings by telephone or other means of telecommunication or
electronic communication.
(8) The Interstate Commission’s bylaws
shall establish conditions and procedures under which the Interstate Commission
shall make its information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from disclosure any
information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
(9) Public notice shall be given of all
meetings and all meetings shall be open to the public, except as set forth in
the rules or as otherwise provided in the Compact. The Interstate Commission
and any of its committees may close a meeting to the public where it determines
by two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the Interstate
Commission’s internal personnel practices and procedures;
(b) Disclose matters specifically exempted
from disclosure by statute;
(c) Disclose trade secrets or commercial
or financial information which is privileged or confidential;
(d) Involve accusing any person of a crime
or formally censuring any person;
(e) Disclose information of a personal
nature where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(f) Disclose investigative records
compiled for law enforcement purposes;
(g) Disclose information contained in or
related to examination, operating or condition reports prepared by, or on
behalf of or for the use of, the Interstate Commission with respect to a
regulated person or entity for the purpose of regulation or supervision of such
person or entity;
(h) Disclose information, the premature
disclosure of which would significantly endanger the stability of a regulated
person or entity; or
(i) Specifically relate to the Interstate
Commission’s issuance of a subpoena or its participation in a civil action or
other legal proceeding.
(10) For every meeting closed pursuant to
this provision, the Interstate Commission’s legal counsel shall publicly
certify that, in the legal counsel’s opinion, the meeting may be closed to the
public, and shall reference each relevant exemptive provision. The Interstate
Commission shall keep minutes which shall fully and clearly describe all
matters discussed in any meeting and shall provide a full and accurate summary
of any actions taken, and the reasons therefore, including a description of
each of the views expressed on any item and the record of any roll call vote
(reflected in the vote of each member on the question). All documents
considered in connection with any action shall be identified in such minutes.
(11) The Interstate Commission shall
collect standardized data concerning the interstate movement of juveniles as
directed through its rules which shall specify the data to be collected, the
means of collection and data exchange and reporting requirements. Such methods
of data collection, exchange and reporting shall, insofar as is reasonably
possible, conform to up-to-date technology and coordinate its information
functions with the appropriate repository of records.
ARTICLE IV. POWERS
AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following
powers and duties:
(1) To provide for dispute resolution
among compacting states.
(2) To promulgate rules to effect the
purposes and obligations as enumerated in this Compact, which shall have the
force and effect of statutory law and shall be binding in the compacting states
to the extent and in the manner provided in this Compact.
(3) To oversee, supervise and coordinate
the interstate movement of juveniles subject to the terms of this Compact and
any bylaws adopted and rules promulgated by the Interstate Commission.
(4) To enforce compliance with the
provisions of the Compact, the rules promulgated by the Interstate Commission
and the bylaws, using all necessary and proper means, including, but not
limited to, the use of judicial process.
(5) To establish and maintain offices
which shall be located within one or more of the compacting states.
(6) To purchase and maintain insurance and
bonds.
(7) To borrow, accept, hire or contract
for services of personnel.
(8) To establish and appoint committees
and hire staff which it deems necessary for the carrying out of its functions,
including, but not limited to, an Executive Committee as required by Article
III which shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
(9) To elect or appoint such officers,
attorneys, employees, agents or consultants, and to fix their compensation, define
their duties and determine their qualifications, and to establish the
Interstate Commission’s personnel policies and programs relating to, inter
alia, conflicts of interest, rates of compensation and qualifications of
personnel.
(10) To accept any and all donations and
grants of money, equipment, supplies, materials, and services, and to receive,
utilize and dispose of it.
(11) To lease, purchase, accept
contributions or donations of, or otherwise to own, hold, improve or use, any
property, real, personal or mixed.
(12) To sell, convey, mortgage, pledge,
lease, exchange, abandon or otherwise dispose of any property, real, personal
or mixed.
(13) To establish a budget and make
expenditures and levy dues as provided in Article VIII of this Compact.
(14) To sue and be sued.
(15) To adopt a seal and bylaws governing
the management and operation of the Interstate Commission.
(16) To perform such functions as may be
necessary or appropriate to achieve the purposes of this Compact.
(17) To report annually to the
legislatures, governors, judiciary and State Councils of the compacting states
concerning the activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that may have been adopted
by the Interstate Commission.
(18) To coordinate education, training and
public awareness regarding the interstate movement of juveniles for officials
involved in such activity.
(19) To establish uniform standards of the
reporting, collecting and exchanging of data.
(20) To maintain the Interstate
Commission’s corporate books and records in accordance with the bylaws.
ARTICLE V. ORGANIZATION
AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
The Interstate Commission shall, by a majority of the
members present and voting, within 12 months after the first Interstate
Commission meeting, adopt bylaws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the Compact, including, but not
limited to:
(1) Establishing the fiscal year of the
Interstate Commission;
(2) Establishing an Executive Committee
and such other committees as may be necessary;
(3) Providing for the establishment of
committees 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 a mechanism for concluding
the operations of the Interstate Commission and the return of any surplus funds
that may exist upon the termination of the Compact after the payment and/or
reserving of all of its debts and obligations;
(7) Providing “start-up” rules for the
initial administration of the Compact; and
(8) Establishing standards and procedures
for compliance and technical assistance in carrying out the Compact.
Section B. Officers
and Staff
(1) The Interstate Commission shall, by a
majority of the members, elect annually from among its members a Chairman and a
Vice Chairman, each of whom shall have such authority and duties as may be
specified in the bylaws. The Chairman or, in the Chairman’s absence or
disability, the Vice Chairman shall preside at all meetings of the Interstate
Commission. The officers so elected shall serve without compensation or
remuneration from the Interstate Commission, provided that, subject to the
availability of budgeted funds, the officers shall be reimbursed for any
ordinary and necessary costs and expenses incurred by them in the performance
of their duties and responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall,
through its Executive Committee, appoint or retain an Executive Director for
such period, upon such terms and conditions and for such compensation as the
Interstate Commission may deem appropriate. The Executive Director shall serve
as Secretary to the Interstate Commission, but shall not be a member and shall
hire and supervise such other staff as may be authorized by the Interstate
Commission.
Section C. Qualified
Immunity, Defense and Indemnification
(1) The Interstate Commission’s Executive
Director and employees shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage to or loss
of property or for any personal injury or other civil liability caused by or
arising out of or relating to any actual or alleged act, error or omission that
occurred, or that such person had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties or
responsibilities, provided that any such person shall not be protected from
suit or liability for any damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such person.
(2) The liability of any Commissioner, or
the employee or agent of a Commissioner, acting within the scope of such
person’s employment or duties for acts, errors or omissions occurring within
such person’s state may not exceed the limits of liability set forth under the
constitution and laws of that state for state officials, employees and agents.
Nothing in this subsection shall be construed to protect any such person from
suit or liability for any damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such person.
(3) The Interstate Commission shall defend
the Executive Director or the employees or representatives of the Interstate
Commission and, subject to the approval of the Attorney General of the state
represented by any Commissioner of a compacting state, shall defend such
Commissioner or the Commissioner’s representatives or employees in any civil
action seeking to impose liability arising out of any actual or alleged act,
error or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties or responsibilities, provided that the actual or alleged
act, error or omission did not result from intentional or willful and wanton
misconduct on the part of such person.
(4) The Interstate Commission shall
indemnify and hold the Commissioner of a compacting state, or the
Commissioner’s representatives or employees, or the Interstate Commission’s
representatives or employees, harmless in the amount of any settlement or
judgment obtained against such persons arising out of any actual or alleged
act, error or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that such persons had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties or responsibilities, provided that the actual or alleged
act, error or omission did not result from intentional or willful and wanton
misconduct on the part of such persons.
ARTICLE VI. RULEMAKING
FUNCTIONS OF THE INTERSTATE COMMISSION
(1) The Interstate Commission shall
promulgate and publish rules in order to effectively and efficiently achieve
the purposes of the Compact.
(2) Rulemaking shall occur pursuant to the
criteria set forth in this article and the bylaws and rules adopted pursuant
thereto. Such rulemaking shall substantially conform to the principles of the
Model State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated,
Vol. 15, p. 1 (2000), or such other administrative procedures act as the
Interstate Commission deems appropriate and consistent with due process
requirements under the United States Constitution as now or hereafter
interpreted by the United States Supreme Court. All rules and amendments shall
become binding as of the date specified, as published with the final version of
the rule as approved by the Interstate Commission.
(3) When promulgating a rule, the
Interstate Commission shall, at a minimum:
(a) Publish the proposed rule’s entire
text stating the reasons for that proposed rule;
(b) Allow and invite any and all persons
to submit written data, facts, opinions and arguments, which information shall
be added to the record and be made publicly available;
(c) Provide an opportunity for an informal
hearing if petitioned by 10 or more persons; and
(d) Promulgate a final rule and its
effective date, if appropriate, based on input from state or local officials,
or interested parties.
(4) Allow, not later than 60 days after a
rule is promulgated, any interested person to file a petition in the United
States District Court for the District of Columbia or in the federal district
court where the Interstate Commission’s principal office is located for
judicial review of such rule. If the court finds that the Interstate
Commission’s action is not supported by substantial evidence in the rulemaking
record, the court shall hold the rule unlawful and set it aside. For purposes
of this subsection, evidence is substantial if it would be considered
substantial evidence under the Model State Administrative Procedure Act.
(5) If a majority of the legislatures of
the compacting states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt the Compact, then such rule shall have no
further force and effect in any compacting state.
(6) The existing rules governing the
operation of the Interstate Compact on Juveniles superceded by this act shall
be null and void 12 months after the first meeting of the Interstate Commission
created hereunder.
(7) Upon determination by the Interstate
Commission that an emergency exists, it may promulgate an emergency rule which
shall become effective immediately upon adoption, provided that the usual
rulemaking procedures provided hereunder shall be retroactively applied to said
rule as soon as reasonably possible, but no later than 90 days after the
effective date of the emergency rule.
ARTICLE VII. OVERSIGHT,
ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
Section A. Oversight
(1) The Interstate Commission shall
oversee the administration and operations of the interstate movement of
juveniles subject to this Compact in the compacting states and shall monitor
such activities being administered in noncompacting states which may
significantly affect compacting states.
(2) The courts and executive agencies in
each compacting state shall enforce this Compact and shall take all actions
necessary and appropriate to effectuate the Compact’s purposes and intent. The
provisions of this Compact and the rules promulgated hereunder shall be
received by all the judges, public officers, commissions and departments of the
state government as evidence of the authorized statute and administrative
rules. All courts shall take judicial notice of the Compact and the rules. In
any judicial or administrative proceeding in a compacting state pertaining to
the subject matter of this Compact which may affect the powers, responsibilities
or actions of the Interstate Commission, it shall be entitled to receive all
service of process in any such proceeding, and shall have standing to intervene
in the proceeding for all purposes.
Section B. Dispute
Resolution
(1) The compacting states shall report to
the Interstate Commission on all issues and activities necessary for the
administration of the Compact as well as issues and activities pertaining to
compliance with the provisions of the Compact and its bylaws and rules.
(2) The Interstate Commission shall
attempt, upon the request of a compacting state, to resolve any disputes or
other issues which are subject to the Compact and which may arise among
compacting states and between compacting and noncompacting states. The
Interstate Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes among the compacting states.
(3) The Interstate Commission, in the
reasonable exercise of its discretion, shall enforce the provisions and rules
of this Compact using any or all means set forth in Article XI of this Compact.
ARTICLE VIII. FINANCE
(1) The Interstate Commission shall pay or
provide for the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
(2) The Interstate Commission shall levy
on and collect an annual assessment from each compacting state to cover the
cost of the internal operations and activities of the Interstate Commission and
its staff which must be in a total amount sufficient to cover the Interstate
Commission’s annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by
the Interstate Commission, taking into consideration the population of each
compacting state and the volume of interstate movement of juveniles in each
compacting state and shall promulgate a rule binding upon all compacting states
which governs said assessment.
(3) The Interstate Commission shall not
incur any obligations of any kind prior to securing the funds adequate to meet
the same, nor shall the Interstate Commission pledge the credit of any of the
compacting states, except by and with the authority of the compacting state.
(4) The Interstate Commission shall keep
accurate accounts of all receipts and disbursements. The receipts and
disbursements of the Interstate Commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be audited
yearly by a certified or licensed public accountant and the report of the audit
shall be included in and become part of the annual report of the Interstate
Commission.
ARTICLE IX. THE
STATE COUNCIL
(1) The Nevada State Council for
Interstate Juvenile Supervision is hereby created. The Nevada State Council for
Interstate Juvenile Supervision consists of the following seven members:
(a) The Compact Administrator, appointed
by the Governor, who shall serve as Chairman and as Commissioner to the
Interstate Commission for this State;
(b) Three members appointed by the
Governor, one of whom must be a representative of an organization supporting
the rights of victims of crime;
(c) One member of the Senate, appointed by
the Majority Leader of the Senate;
(d) One member of the Assembly, appointed
by the Speaker of the Assembly; and
(e) One member who is a district judge,
appointed by the Chief Justice of the Supreme Court of Nevada.
(2) The members of the Nevada State Council
for Interstate Juvenile Supervision serve at the pleasure of the persons who
appointed them.
(3) The Legislators who are members of the
Nevada State Council for Interstate Juvenile Supervision are entitled to
receive the salary provided for a majority of the members of the Legislature
during the first 60 days of the preceding session for each day’s attendance at
a meeting of the Nevada State Council for Interstate Juvenile Supervision.
(4) While engaged in the business of the
Interstate Commission, each member of the Nevada State Council for Interstate
Juvenile Supervision is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally.
(5) The Nevada State Council for
Interstate Juvenile Supervision shall develop policies concerning the operation
of the Compact within this State and shall exercise oversight and advocacy
concerning its participation in activities of the Interstate Commission.
ARTICLE X. COMPACTING
STATES, EFFECTIVE DATE AND AMENDMENT
(1) Any state, as defined in Article II of
this Compact, is eligible to become a compacting state.
(2) The Compact shall become effective and
binding upon legislative enactment of the Compact into law by no less than 35
of the states. The initial effective date shall be the later of July 1, 2006,
or upon enactment into law by the 35th jurisdiction. Thereafter it shall become
effective and binding as to any other compacting state upon enactment of the
Compact into law by that state. The governors of nonmember states or their
designees shall be invited to participate in the activities of the Interstate
Commission on a nonvoting basis prior to adoption of the Compact by all states
and territories of the United States.
(3) The Interstate Commission may propose
amendments to the Compact for enactment by the compacting states. No amendment
shall become effective and binding upon the Interstate Commission and the
compacting states unless and until it is enacted into law by unanimous consent
of the compacting states.
ARTICLE XI. WITHDRAWAL,
DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
(1) Once effective, the Compact shall
continue in force and remain binding upon each and every compacting state,
provided that a compacting state may withdraw from the Compact by specifically
repealing the statute which enacted the Compact into law.
(2) The effective date of withdrawal is
the effective date of the repeal.
(3) The withdrawing state shall
immediately notify the Chairman 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 60 days after its receipt
thereof.
(4) The withdrawing state is responsible
for all assessments, obligations and liabilities incurred through the effective
date of withdrawal, including any obligations the performance of which extend
beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of
any compacting state shall occur upon the withdrawing state reenacting the
Compact or upon such later date as determined by the Interstate Commission.
Section B. Technical
Assistance, Fines, Suspension, Termination and Default
(1) If the Interstate Commission
determines that any compacting state has at any time defaulted in the
performance of any of its obligations or responsibilities under this Compact,
or the bylaws or duly promulgated rules, the Interstate Commission may impose
any or all of the following penalties:
(a) Remedial training and technical
assistance as directed by the Interstate Commission;
(b) Alternative dispute resolution;
(c) Fines, fees and costs in such amounts
as are deemed to be reasonable as fixed by the Interstate Commission; and
(d) Suspension or termination of
membership in the Compact, which shall be imposed only after all other
reasonable means of securing compliance under the bylaws and rules have been
exhausted and the Interstate Commission has therefore determined that the
offending state is in default. Immediate notice of suspension shall be given by
the Interstate Commission to the Governor, the Chief Justice or the Chief
Judicial Officer of the state, the Majority and Minority Leaders of the
defaulting state’s legislature and the State Council. The grounds for default
include, but are not limited to, failure of a compacting state to perform such
obligations or responsibilities imposed upon it by this Compact, the bylaws or
duly promulgated rules and any other grounds designated in the Interstate
Commission’s bylaws and rules. The Interstate Commission shall immediately
notify the defaulting state in writing of the penalty imposed by the Interstate
Commission and of the default pending a cure of the default. The 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, the
defaulting state shall be terminated from the Compact upon an affirmative vote
of a majority of the compacting states and all rights, privileges and benefits
conferred by this Compact shall be terminated from the effective date of
termination.
(2) Within 60 days after the effective
date of termination of a defaulting state, the Interstate Commission shall
notify the Governor, the Chief Justice or Chief Judicial Officer, the Majority
and Minority Leaders of the defaulting state’s legislature and the State
Council of such termination.
(3) The defaulting state is responsible
for all assessments, obligations and liabilities incurred through the effective
date of termination, including any obligations, the performance of which
extends beyond the effective date of termination.
(4) The Interstate Commission shall not
bear any costs relating to the defaulting state unless otherwise mutually
agreed upon in writing between the Interstate Commission and the defaulting
state.
(5) Reinstatement following termination of
any compacting state requires both a reenactment of the Compact by the
defaulting state and the approval of the Interstate Commission pursuant to the
rules.
Section C. Judicial
Enforcement
The Interstate Commission may, by majority vote of the
members, initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the Interstate Commission, in the
federal district court where the Interstate Commission has its offices, to
enforce compliance with the provisions of the Compact, its duly promulgated
rules and its bylaws against any compacting state in default. In the event
judicial enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorneys’ fees.
Section D. Dissolution
of Compact
(1) The Compact dissolves effective upon
the date of the withdrawal or default of the compacting state which reduces
membership in the Compact to one compacting state.
(2) Upon the dissolution of this Compact,
the Compact becomes null and void and shall be of no further force or effect,
and the business and affairs of the Interstate Commission shall be concluded
and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII. SEVERABILITY
AND CONSTRUCTION
(1) The provisions of this Compact shall
be severable, and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the Compact shall be enforceable.
(2) The provisions of this Compact shall
be liberally construed to effectuate its purposes.
ARTICLE XIII. BINDING
EFFECT OF COMPACT AND OTHER LAWS
Section A. Other
Laws
(1) Nothing herein prevents the
enforcement of any other law of a compacting state that is not inconsistent
with this Compact.
(2) All compacting states’ laws other than
state constitutions and other interstate compacts conflicting with this Compact
are superseded to the extent of the conflict.
Section B. Binding
Effect of the Compact
(1) All lawful actions of the Interstate
Commission, including all rules and bylaws 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.
(Added to NRS by 2005, 400)
NRS 62I.025 Payment of claims from Reserve for Statutory Contingency
Account. All claims that arise
pursuant to the provisions of this chapter must be paid from the Reserve for
Statutory Contingency Account in the same manner as other claims against the
State are paid, upon approval by the Compact Administrator appointed pursuant
to NRS 62I.015.
(Added to NRS by 2005, 413)
