71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1538
House Bill 2393
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Enacts Interstate Compact for Adult Offender Supervision.
A BILL FOR AN ACT
Relating to the Interstate Compact for Adult Offender
Supervision.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act shall be known and
may be cited as the Interstate Compact for Adult Offender
Supervision. + }
SECTION 2. { + The Legislative Assembly hereby approves and
the Governor is authorized to enter into a compact on behalf of
this state with any other state or states legally joining therein
in the form substantially as follows: + }
_________________________________________________________________
{ +
ARTICLE I + }
{ +
PURPOSE + }
{ + (a) The compacting states to this interstate compact
recognize that each state is responsible for the supervision of
adult offenders in the community who are authorized pursuant to
the bylaws and rules of this compact to travel across state lines
both to and from each compacting state in such a manner as to
track the location of offenders, transfer supervision authority
in an orderly and efficient manner and, when necessary, return
offenders to the originating jurisdictions. The compacting states
also recognize that the United States Congress, by enacting 4
U.S.C. 112, has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of
crime.
(b) It is the purpose of this compact and the Interstate
Commission created under this compact, through means of joint and
cooperative action among the compacting states: To provide the
framework for the promotion of public safety and protect the
rights of victims through the control and regulation of the
interstate movement of offenders in the community; to provide for
the effective tracking, supervision and rehabilitation of these
offenders by the sending and receiving states; and to equitably
distribute the costs, benefits and obligations of the compact
among the compacting states.
(c) In addition, this compact is intended to: Create an
Interstate Commission that will establish uniform procedures to
manage the movement between states of offenders placed under
community supervision and released to the community under the
jurisdiction of courts, paroling authorities or corrections or
other criminal justice agencies that will promulgate rules to
achieve the purpose of this compact; ensure an opportunity for
input and timely notice to victims and to jurisdictions where
offenders are authorized to travel or to relocate across state
lines; establish a system of uniform data collection, access to
information on active cases by authorized criminal justice
officials and regular reporting of compact activities to the
heads of State Councils, the state executive, judicial and
legislative branches and the criminal justice administrators;
monitor compliance with rules governing interstate movement of
offenders and initiate interventions to address and correct
noncompliance; and coordinate training and education on the
regulation of interstate movement of offenders for officials
involved in such activity.
(d) The compacting states recognize that there is no right of
any offender to live in another state and that duly accredited
officers of a sending state may at all times enter a receiving
state and there apprehend and retake any offender under
supervision, subject to the provisions of this compact and the
bylaws and rules promulgated under this compact. It is the policy
of the compacting states that the activities conducted by the
Interstate Commission are intended to formulate public policy and
are therefore public business. + }
{ +
ARTICLE II + }
{ +
DEFINITIONS + }
{ + As used in this compact, unless the context clearly
requires a different construction:
(a) 'Adult' means a person who is 18 years of age or older or a
person under 18 years of age who is legally classified, either by
statute or court order, as an adult.
(b) 'Bylaws' means those bylaws established by the Interstate
Commission for its governance or for directing or controlling the
Interstate Commission's actions or conduct.
(c) 'Compact Administrator' means the individual in each
compacting state appointed pursuant to the terms of this compact
responsible for the administration and management of the state's
supervision and transfer of offenders subject to the terms of
this compact, the rules adopted by the Interstate Commission and
policies adopted by the State Council under this compact.
(d) 'Compacting state' means any state which has enacted the
enabling legislation for this compact.
(e) 'Commissioner' means the voting representative of each
compacting state appointed pursuant to Article III of this
compact.
(f) 'Interstate Commission' means the Interstate Commission for
Adult Offender Supervision created by Article III of this
compact.
(g) 'Member' means the commissioner of a compacting state or
the commissioner's designee, who shall be an individual
officially connected with the commissioner.
(h) 'Noncompacting state' means any state that has not enacted
the enabling legislation for this compact.
(i) 'Offender' means an adult placed under or subject to
supervision as the result of the commission of a criminal offense
and released to the community under the jurisdiction of courts,
paroling authorities or corrections or other criminal justice
agencies.
(j) 'Person' means any individual, corporation, business
enterprise or other legal entity, either public or private.
(k) 'Rules' means acts of the Interstate Commission, duly
promulgated pursuant to Article VIII of this compact and
substantially affecting interested parties in addition to the
Interstate Commission, that have the force and effect of law in
the compacting states.
(L) 'State' means a state of the United States, the District of
Columbia or any territorial possession of the United States.
(m) 'State Council' means the resident members of the State
Council for Interstate Adult Offender Supervision created by each
state under Article IV of this compact. + }
{ +
ARTICLE III + }
{ +
THE INTERSTATE COMMISSION + }
{ +
FOR ADULT OFFENDER SUPERVISION + }
{ + (a) The compacting states hereby create the Interstate
Commission for Adult Offender Supervision. 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 in this compact,
including the power to sue and be sued and such additional powers
as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states in accordance
with the terms of this compact.
(b) The Interstate Commission shall consist of commissioners
selected and appointed by each state. 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 and crime victims. All
noncommissioner members of the Interstate Commission shall be
nonvoting members. The Interstate Commission may provide in its
bylaws for such additional nonvoting members as it deems
necessary.
(c) 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.
(d) The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of 27 or more compacting states, shall call
additional meetings. Public notice shall be given of all meetings
and meetings shall be open to the public, except as provided in
Article VII of this compact.
(e) The Interstate Commission shall establish an executive
committee that shall include commission officers, members and
others as shall be 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 or amendment to the
compact. The executive committee oversees the day-to-day
activities managed by the executive director and Interstate
Commission staff, administers enforcement and compliance with the
provisions of the compact, its bylaws and rules and as directed
by the Interstate Commission and performs other duties as
directed by the Interstate Commission or as set forth in the
bylaws and rules. + }
{ +
ARTICLE IV + }
{ +
THE COMPACT ADMINISTRATOR AND STATE COUNCIL + }
{ + (a) The Director of the Department of Corrections, or the
director's designee, shall serve as the Compact Administrator for
the State of Oregon and as Oregon's commissioner to the
Interstate Commission.
(b) The Oregon State Council for Interstate Adult Offender
Supervision is established, consisting of seven members. The
Director of the Department of Corrections, or the director's
designee, is a member of the State Council and serves as
chairperson of the State Council. Of the remaining members of the
State Council:
(1) The Governor shall appoint three members, one of whom must
represent a crime victims' organization; and
(2) The Chief Justice of the Supreme Court, the President of
the Senate and the Speaker of the House of Representatives shall
each appoint one member.
(c) The term of office of a member is four years.
(d) The State Council shall meet at least twice a year.
(e) The State Council may advise the Compact Administrator on
participation in the Interstate Commission activities and
administration of the compact.
(f) Members of the State Council are entitled to expenses as
provided in ORS 292.495. Any legislative members are entitled to
payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative
Assembly.
(g) The State Council is subject to the provisions of ORS
291.201 to 291.222 and 291.232 to 291.260. + }
{ +
ARTICLE V + }
{ +
POWERS AND DUTIES OF THE INTERSTATE COMMISSION + }
{ + The Interstate Commission shall have the following
powers:
(a) To adopt a seal and suitable bylaws governing the
management and operation of the Interstate Commission.
(b) To promulgate rules which shall have the force and effect
of statutory law and shall be binding in the compacting states to
the extent and in the manner provided in this compact.
(c) To oversee, supervise and coordinate the interstate
movement of offenders subject to the terms of this compact and
any bylaws adopted and rules promulgated by the Interstate
Commission.
(d) To enforce compliance with the compact and the rules and
bylaws of the Interstate Commission, using all necessary and
proper means, including, but not limited to, the use of judicial
process.
(e) To establish and maintain offices.
(f) To purchase and maintain insurance and bonds.
(g) To borrow, accept or contract for the services of
personnel, including, but not limited to, members and their
staffs.
(h) To establish and appoint committees and hire staff that it
deems necessary to carry out its functions, including, but not
limited to, an executive committee as required by Article III of
this compact, which shall have the power to act on behalf of the
Interstate Commission in carrying out its powers and duties under
this compact.
(i) To elect or appoint officers, attorneys, employees, agents
or consultants, and to fix their compensation, define their
duties and determine their qualifications, and to establish the
Interstate Commission's personnel policies and programs relating
to, among other things, conflicts of interest, rates of
compensation and qualifications of personnel.
(j) To accept any and all donations and grants of money,
equipment, supplies, materials and services, and to receive,
utilize and dispose of same.
(k) To lease, purchase, accept contributions or donations of
any property, or otherwise to own, hold, improve or use any
property, whether real, personal or mixed.
(L) To sell, convey, mortgage, pledge, lease, exchange, abandon
or otherwise dispose of any property, whether real, personal or
mixed.
(m) To establish a budget and make expenditures and levy dues
as provided in Article X of this compact.
(n) To sue and be sued.
(o) To provide for dispute resolution among compacting states.
(p) To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
(q) 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.
(r) To coordinate education, training and public awareness
regarding the interstate movement of offenders for officials
involved in such activity.
(s) To establish uniform standards for the reporting,
collecting and exchanging of data. + }
{ +
ARTICLE VI + }
{ +
ORGANIZATION AND OPERATION + }
{ +
OF THE INTERSTATE COMMISSION + }
{ + (a) The Interstate Commission shall, by a majority of the
members, within 12 months of 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 reasonable standards and procedures:
(i) For the establishment of committees; and
(ii) Governing any general or specific delegation of any
authority or function of the Interstate Commission.
(4) Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable
notice of each meeting.
(5) Establishing the titles and responsibilities of the
officers of the Interstate Commission.
(6) Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the
Interstate Commission. Notwithstanding any civil service laws or
other similar laws of any compacting state, the bylaws shall
exclusively govern the personnel policies and programs of the
Interstate Commission.
(7) Providing a mechanism for winding up the operations of the
Interstate Commission and the equitable return of any surplus
funds that may exist upon the termination of the compact after
the payment or reserving of all of the Interstate Commission's
debts and obligations.
(8) Providing transition rules for start-up administration of
the compact.
(9) Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
(b)(1) The Interstate Commission shall, by a majority of the
members, elect from among its members a chairperson and a vice
chairperson, each of whom shall have such authorities and duties
as may be specified in the bylaws. The chairperson, or in the
chairperson's absence or disability, the vice chairperson, shall
preside at all meetings of the Interstate Commission. The
officers so elected shall serve without compensation or
remuneration from the Interstate Commission, provided that,
subject to the availability of budgeted funds, the officers shall
be reimbursed for any actual and necessary costs and expenses
incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive
committee, appoint or retain an executive director for such
period, upon such terms and conditions and for such compensation
as the Interstate Commission may deem appropriate. The executive
director shall serve as secretary to the Interstate Commission
and shall hire and supervise other staff as may be authorized by
the Interstate Commission, but shall not be a member of the
Interstate Commission.
(c) The Interstate Commission shall maintain its corporate
books and records in accordance with the bylaws.
(d)(1) The liability of any member, officer, executive
director, employee or agent of the Interstate Commission acting
within the scope of the person's employment or duties for acts,
errors or omissions occurring within Oregon may not exceed the
limits set forth in ORS 30.270. 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.
(2) The Interstate Commission shall defend the commissioner of
a compacting state, the commissioner's representatives or
employees or the Interstate Commission's representatives or
employees in any civil action seeking to impose liability arising
out of any actual or alleged act, error or omission that occurred
within the scope of Interstate Commission employment, duties or
responsibilities, or that the defendant had a reasonable basis
for believing occurred within the scope of Interstate Commission
employment, duties or responsibilities, provided that the actual
or alleged act, error or omission did not result from intentional
wrongdoing on the part of such person.
(3) The Interstate Commission shall indemnify and hold the
commissioner of a compacting state, the appointed 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 wrongdoing on the
part of such persons. + }
{ +
ARTICLE VII + }
{ +
ACTIVITIES OF THE INTERSTATE COMMISSION + }
{ + (a) The Interstate Commission shall meet and take such
actions as are consistent with the provisions of this compact.
(b) Except as otherwise provided in this compact and unless a
greater percentage is required under the bylaws, in order to
constitute an act of the Interstate Commission, such act shall
have been taken at a meeting of the Interstate Commission and
shall have received an affirmative vote of a majority of the
members present.
(c) 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 on behalf of
the compacting state and shall not delegate a vote to another
compacting state. However, the Director of the Department of
Corrections may designate another individual, in the absence of
the director, to cast a vote on behalf of the director at a
specified meeting. The bylaws may provide for members'
participation in meetings by telephone or other means of
telecommunication or electronic communication. Any voting
conducted by telephone or other means of telecommunication or
electronic communication shall be subject to the same quorum
requirements of meetings where members are present in person.
(d) The Interstate Commission shall meet at least once during
each calendar year. The chairperson of the Interstate Commission
may call additional meetings at any time and, upon the request of
a majority of the members, shall call additional meetings.
(e) 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 the information or records would adversely affect personal
privacy rights or proprietary interests. In promulgating such
rules, the Interstate Commission may make available to law
enforcement agencies records and information otherwise exempt
from disclosure, and may enter into agreements with law
enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
(f) 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 shall promulgate rules consistent with the principles
contained in the Government in the Sunshine Act, 5 U.S.C. 552, as
amended. The Interstate Commission and any of its committees may
close a meeting to the public when the Interstate Commission
determines by two-thirds vote that an open meeting would be
likely to:
(1) Relate solely to the Interstate Commission's internal
personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by
statute;
(3) Disclose trade secrets or commercial or financial
information that is privileged or confidential;
(4) Involve accusing any person of a crime or formally
censuring any person;
(5) Disclose information of a personal nature when such
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(6) Disclose investigatory records compiled for law enforcement
purposes;
(7) Disclose information contained in or related to
examination, operating or condition reports prepared by, or on
behalf of or for the use of, the Interstate Commission with
respect to a regulated entity for the purpose of regulation or
supervision of such entity;
(8) Disclose information when such premature disclosure would
significantly endanger the life of a person or the stability of a
regulated entity; or
(9) Specifically relate to the Interstate Commission's issuance
of a subpoena or its participation in a civil action or
proceeding.
(g) For every meeting closed pursuant to subsection (f) of this
Article, the Interstate Commission's chief legal officer shall
publicly certify that, in the officer's opinion, the meeting may
be closed to the public and shall make reference to each relevant
provision authorizing closure of the meeting. The Interstate
Commission shall keep minutes that fully and clearly describe all
matters discussed in any meeting and shall provide a full and
accurate summary of any action taken, and the reasons therefor,
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.
(h) The Interstate Commission shall collect standardized data
concerning the interstate movement of offenders as directed
through its bylaws and rules that specify the data to be
collected, the means of collection and data exchange and
reporting requirements. + }
{ +
ARTICLE VIII + }
{ +
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION + }
{ + (a) The Interstate Commission shall promulgate rules in
order to effectively and efficiently achieve the purposes of the
compact, including transition rules governing administration of
the compact during the period in which it is being considered and
enacted by the states.
(b) 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 federal Administrative Procedure Act, 5 U.S.C.
551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.
Appendix 2, section 1 et seq., as amended. All rules and
amendments shall become binding as of the date specified in each
rule or amendment.
(c) If a majority of the legislatures of the compacting states
rejects a 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.
(d) When promulgating a rule, the Interstate Commission shall:
(1) Publish the proposed rule, stating with particularity the
text of the rule that is proposed and the reason for the proposed
rule;
(2) Allow persons to submit written data, facts, opinions and
arguments, which information shall be publicly available;
(3) Provide an opportunity for an informal hearing; and
(4) Promulgate a final rule and its effective date, if
appropriate, based on the rulemaking record. Not later than 60
days after a rule is promulgated, any interested person may file
a petition in the United States District Court for the District
of Columbia or in the federal district court where the Interstate
Commission's principal office is located for judicial review of
the 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 federal
Administrative Procedure Act, 5 U.S.C. 551 et seq., and the
Federal Advisory Committee Act, 5 U.S.C. Appendix 2, section 1 et
seq., as amended.
(e) Rules related to the following subjects must be addressed
within 12 months after the first meeting of the Interstate
Commission:
(1) Notice to victims and opportunity to be heard;
(2) Offender registration and compliance;
(3) Violations and returns;
(4) Transfer procedures and forms;
(5) Eligibility for transfer;
(6) Collection of restitution and fees from offenders;
(7) Data collection and reporting;
(8) The level of supervision to be provided by the receiving
state;
(9) Transition rules governing the operation of the compact and
the Interstate Commission during all or part of the period
between the effective date of the compact and the date on which
the last eligible state adopts the compact; and
(10) Mediation, arbitration and dispute resolution.
(f) The existing rules governing the operation of the previous
compact superseded by this compact shall be null and void 12
months after the first meeting of the Interstate Commission
created under this compact.
(g) Upon determination by the Interstate Commission that an
emergency exists, the Interstate Commission may promulgate an
emergency rule which shall become effective immediately upon
adoption, provided that the usual rulemaking procedures provided
in this Article shall be retroactively applied to said rule as
soon as reasonably possible, but no later than 90 days after the
effective date of the rule. + }
{ +
ARTICLE IX + }
{ +
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION + }
{ +
BY THE INTERSTATE COMMISSION + }
{ + (a)(1) The Interstate Commission shall oversee the
Interstate movement of adult offenders in the compacting states
and shall monitor such activities being administered in
noncompacting states that may significantly affect compacting
states.
(2) The courts and executive agencies in each compacting state
shall enforce this compact and shall take all actions necessary
and appropriate to effectuate the compact's purposes and intent.
In any judicial or administrative proceeding in a compacting
state pertaining to the subject matter of this compact that may
affect the powers, responsibilities or actions of the Interstate
Commission, the Interstate Commission shall be entitled to
receive all service of process in any such proceeding and shall
have standing to intervene in the proceeding for all purposes.
(b)(1) The compacting states shall report to the Interstate
Commission on issues or activities of concern to them and
cooperate with and support the Interstate Commission in the
discharge of its duties and responsibilities.
(2) The Interstate Commission shall attempt to resolve any
disputes or other issues that are subject to the compact and that
may arise among compacting states and noncompacting states. The
Interstate Commission shall enact a bylaw or promulgate a rule
providing for both mediation and binding dispute resolution for
disputes among the compacting states.
(c) The Interstate Commission, in the reasonable exercise of
its discretion, shall enforce the provisions of this compact
using any or all means set forth in Article XII (b) of this
compact. + }
{ +
ARTICLE X + }
{ +
FINANCE + }
{ + (a) The Interstate Commission shall pay or provide for
the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
(b) The Interstate Commission shall levy on and collect an
annual assessment from each compacting state to cover the cost of
the internal operations and 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 the state and the volume of interstate movement of offenders
in each compacting state. The Interstate Commission shall
promulgate a rule binding upon all compacting states that governs
said assessment.
(c) 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.
(d) 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.
(e)(1) The Interstate Compact for Adult Offender Supervision
Fund is established, separate and distinct from the General Fund.
The fund consists of moneys appropriated for the purposes of
meeting financial obligations imposed on the State of Oregon as a
result of the state's participation in this compact.
(2) An assessment levied or any other financial obligation
imposed under this compact is effective against the State of
Oregon only to the extent that moneys to pay the assessment or
meet the financial obligation have been appropriated and
deposited in the fund established in paragraph (1) of this
subsection. + }
{ +
ARTICLE XI + }
{ +
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT + }
{ + (a) Any state, as defined in Article II of this compact,
is eligible to become a compacting state.
(b) The compact shall become effective and binding upon
legislative enactment of the compact into law by no fewer than 35
of the states. The initial effective date shall be the later of
July 1, 2001, or upon enactment into law by the 35th
jurisdiction. Thereafter, the compact shall become effective and
binding, as to any other compacting state, upon enactment of the
compact into law by that state. The governors of noncompacting
states or their designees may be invited to participate in
Interstate Commission activities on a non-voting basis prior to
adoption of the compact by all states.
(c) Amendments to the compact may be proposed by the Interstate
Commission for enactment by the compacting states. No amendment
shall become effective and binding upon the Interstate Commission
and the compacting states unless and until it is enacted into law
by unanimous consent of the compacting states. + }
{ +
ARTICLE XII + }
{ +
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT + }
{ + (a)(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 that enacted the compact into
law.
(2) The effective date of withdrawal is the effective date of
the repeal of the statute that enacted the compact into law.
(3) The withdrawing state shall immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the
other compacting states of the withdrawing state's intent to
withdraw within 60 days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date
of withdrawal, including any obligations, the performance of
which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the compact or
upon such later date as determined by the Interstate Commission.
(b)(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 rules of the Interstate Commission, the Interstate
Commission may impose any or all of the following penalties:
(i) Fines, fees and costs in such amounts as are deemed to be
reasonable as fixed by the Interstate Commission;
(ii) Remedial training and technical assistance as directed by
the Interstate Commission;
(iii) Suspension and termination of membership in the compact.
Suspension shall be imposed only after all other reasonable means
of securing compliance under the bylaws and rules have been
exhausted. Immediate notice of suspension shall be given by the
Interstate Commission to the governor, the chief justice or chief
judicial officer of the defaulting state; the majority and
minority leaders of the defaulting state's legislature, and the
state council.
(2) The grounds for default include, but are not limited to,
failure of a compacting state to perform obligations or
responsibilities imposed upon it by this compact or the
Interstate Commission bylaws or rules. The Interstate Commission
shall immediately notify the defaulting state in writing of the
penalty imposed by the Interstate Commission on the defaulting
state pending a cure of the default. The Interstate Commission
shall stipulate the conditions and the time period within which
the defaulting state must cure its default. If the defaulting
state fails to cure the default within the time period specified
by the Interstate Commission, in addition to any other penalties
imposed, the defaulting state may be terminated from the compact
upon an affirmative vote of a majority of the compacting states
and all rights, privileges and benefits conferred by this compact
shall be terminated from the effective date of suspension. Within
60 days of the effective date of termination of a defaulting
state, the Interstate Commission shall notify the governor, the
chief justice or chief judicial officer of the defaulting state,
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 extend beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating
to the defaulting state unless otherwise mutually agreed upon
between the Interstate Commission and the defaulting state.
Reinstatement following termination of any compacting state
requires both a reenactment of the compact by the defaulting
state and the approval of the Interstate Commission pursuant to
the rules.
(c) 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 principal office to enforce
compliance with the provisions of the compact, its rules or
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
attorney fees.
(d)(1) The compact dissolves effective upon the date of the
withdrawal or default of the compacting state that reduces
membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes
null and void and shall be of no further force or effect, and the
business and affairs of the Interstate Commission shall be wound
up and any surplus funds shall be distributed in accordance with
the bylaws. + }
{ +
ARTICLE XIII + }
{ +
SEVERABILITY AND CONSTRUCTION + }
{ + (a) 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.
(b) The provisions of this compact shall be liberally construed
to effectuate its purposes. + }
{ +
ARTICLE XIV + }
{ +
BINDING EFFECT OF COMPACT AND OTHER LAWS + }
{ + (a)(1) Nothing in this compact prevents the enforcement
of any other law of a compacting state that is not inconsistent
with this compact.
(2) The laws of the State of Oregon, other than the Oregon
Constitution, that conflict with this compact are superseded to
the extent of the conflict.
(b)(1) All lawful actions of the Interstate Commission,
including all rules and bylaws promulgated by the Interstate
Commission, are binding upon the State of Oregon unless contrary
to the Oregon Constitution.
(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.
(c) The State of Oregon is bound by the bylaws and rules
promulgated under this compact only to the extent that the
operation of the bylaws and rules does not impose an obligation
exceeding any limitation on state power or authority contained in
the Oregon Constitution as interpreted by the state courts of
Oregon. + }
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