75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1566
House Bill 2348
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Veterans' Affairs)
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 on Educational Opportunity for
Military Children.
A BILL FOR AN ACT
Relating to education of children of military families.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Interstate Compact on Educational
Opportunity for Military Children is enacted into law and entered
into on behalf of this state with all other jurisdictions legally
joining therein in the form substantially as follows: + }
________________________________________________________________
{ +
ARTICLE I + }
{ +
PURPOSE + }
{ + It is the purpose of this compact to remove barriers to
educational success imposed on children of military families
because of frequent moves and deployment of their parents by:
A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage
due to difficulty in the transfer of education records from a
previous school district or variations in entrance or age
requirements.
B. Facilitating the student placement process through which
children of military families are not disadvantaged by variations
in attendance requirements, scheduling, sequencing, grading,
course content or assessment.
C. Facilitating the qualification and eligibility for
enrollment, educational programs and participation in
extracurricular academic, athletic and social activities.
D. Facilitating the on-time graduation of children of military
families.
E. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact.
F. Providing for the uniform collection and sharing of
information between and among member states, schools and military
families under this compact.
G. Promoting coordination between this compact and other
compacts affecting military children.
H. Promoting flexibility and cooperation between the
educational system, parents and the student in order to achieve
educational success for the student. + }
{ +
ARTICLE II + }
{ +
DEFINITIONS + }
{ + As used in this compact, unless the context clearly
requires a different construction:
A. 'Active duty' means full-time duty status in the active
uniformed service of the United States, including members of the
National Guard or the military reserve forces who are on active
duty orders pursuant to 10 U.S.C. 1209 and 1211.
B. 'Children of military families' means a school-aged child,
enrolled in kindergarten through grade 12, in the household of an
active duty member.
C. 'Compact commissioner' means the voting representative of
each compacting state appointed pursuant to Article VIII of this
compact.
D. 'Deployment' means the period one month prior to the service
members' departure from their home station on military orders
though six months after return to their home station.
E. 'Education records' means official records, files and data
directly related to a student and maintained by the school or
local education agency, including but not limited to records
encompassing all the material kept in the student's cumulative
folder such as general identifying data, records of attendance
and of academic work completed, records of achievement and
results of evaluative tests, health data, disciplinary status,
test protocols and individualized education programs.
F. 'Extracurricular activities' means a voluntary activity
sponsored by the school, the local education agency or an
organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to,
preparation for and involvement in public performance, contests,
athletic competitions, demonstrations, displays and club
activities.
G. 'Interstate Commission on Educational Opportunity for
Military Children' means the commission that is created under
Article IX of this compact, which is generally referred to as the
Interstate Commission.
H. 'Local education agency' means the Department of Education.
I. 'Member state' means a state that has enacted this compact.
J. 'Military installation' means a base, camp, post, station,
yard, center, home port facility for any ship or other activity
under the jurisdiction of the Department of Defense, including
any leased facility, which is located within any of the several
states, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands and any other United States territory.
The term does not include any facility used primarily for civil
works, rivers and harbors projects or flood control projects.
K. 'Nonmember state' means a state that has not enacted this
compact.
L. 'Receiving state' means the state to which a child of a
military family is sent, brought or caused to be sent or brought.
M. 'Rule' means a written statement by the Interstate
Commission promulgated pursuant to Article XII of this compact
that is of general applicability, that implements, interprets or
prescribes a policy or provision of this compact, or that is an
organizational, procedural or practice requirement of the
Interstate Commission, and that has the force and effect of
statutory law in a member state, and includes the amendment,
repeal or suspension of an existing rule.
N. 'Sending state' means the state from which a child of a
military family is sent, brought or caused to be sent or brought.
O. 'State' means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands and any other United States territory.
P. 'Student' means the child of a military family for whom the
local education agency receives public funding and who is
formally enrolled in kindergarten through grade 12.
Q. 'Transition' means:
1. The formal and physical process of transferring from school
to school; or
2. The period of time in which a student moves from one school
in the sending state to another school in the receiving state.
R. 'Uniformed service' means the Army, Navy, Air Force, Marine
Corps, Coast Guard, the commissioned corps of the National
Oceanic and Atmospheric Administration and the commissioned corps
of the United States Public Health Service.
S. 'Veteran' means a person who served in the uniformed
services and who was discharged or released from the uniformed
services under conditions other than dishonorable. + }
{ +
ARTICLE III + }
{ +
APPLICABILITY + }
{ + A. Except as otherwise provided in Section B of this
Article, this compact shall apply to the children of:
1. Active duty members of the uniformed services as defined in
this compact, including members of the National Guard or the
military reserve forces who are on active duty orders pursuant to
10 U.S.C. 1209 and 1211;
2. Members or veterans of the uniformed services who are
severely injured and medically discharged or retired for a period
of one year after medical discharge or retirement; and
3. Members of the uniformed services who die on active duty or
as a result of injuries sustained on active duty for a period of
one year after death.
B. The provisions of this compact shall only apply to local
education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the
children of:
1. Inactive members of the National Guard or the military
reserve forces;
2. Members of the uniformed services now retired, except as
provided in Section A of this Article;
3. Veterans of the uniformed services, except as provided in
Section A of this Article; and
4. Other Department of Defense personnel and other federal
agency civilian and contract employees not defined as active duty
members of the uniformed services. + }
{ +
ARTICLE IV + }
{ +
EDUCATION RECORDS AND ENROLLMENT + }
{ + A. Unofficial or hand-carried education records. In the
event that official education records cannot be released to the
parents for the purpose of transfer, the custodian of the records
in the sending state shall prepare and furnish to the parent a
complete set of unofficial education records containing uniform
information as determined by the Interstate Commission. Upon
receipt of the unofficial education records by a school in the
receiving state, the school shall enroll and appropriately place
the student based on the information provided in the unofficial
records pending validation by the official records, as quickly as
possible.
B. Official education records and transcripts. Simultaneous
with the enrollment and conditional placement of the student, the
school in the receiving state shall request the student's
official education record from the school in the sending state.
Upon receipt of this request, the school in the sending state
will process and furnish the official education records to the
school in the receiving state within 10 days or within such time
as is reasonably determined under the rules promulgated by the
Interstate Commission.
C. Immunizations. Compacting states shall give 30 days from the
date of enrollment, or within such time as is reasonably
determined under the rules promulgated by the Interstate
Commission, for students to obtain any immunizations required by
the receiving state. For a series of immunizations, initial
vaccinations must be obtained within 30 days or within such time
as is reasonably determined under the rules promulgated by the
Interstate Commission.
D. Kindergarten and first grade entrance age. Students shall be
allowed to continue their enrollment at grade level in the
receiving state commensurate with their grade level, including
kindergarten, from a local education agency in the sending state
at the time of transition, regardless of age. A student that has
satisfactorily completed the prerequisite grade level in the
local education agency in the sending state shall be eligible for
enrollment in the next highest grade level in the receiving
state, regardless of age. A student transferring after the start
of the school year in the receiving state shall enter the school
in the receiving state on their validated level from an
accredited school in the sending state. + }
{ +
ARTICLE V + }
{ +
PLACEMENT AND ATTENDANCE + }
{ + A. Course placement. When the student transfers before or
during the school year, the receiving state school shall
initially honor placement of the student in educational courses
based on the student's enrollment in the sending state school or
educational assessments conducted at the school in the sending
state if the courses are offered. Course placement includes but
is not limited to honors, International Baccalaureate, advanced
placement, vocational, technical and career pathways courses.
Continuing the student's academic program from the previous
school and promoting placement in academically and career
challenging courses should be paramount when considering
placement. This does not preclude the school in the receiving
state from performing subsequent evaluations to ensure
appropriate placement and continued enrollment of the student in
a course.
B. Educational program placement. The receiving state school
shall initially honor placement of the student in educational
programs based on current educational assessments conducted at
the school in the sending state or based on participation or
placement in like programs in the sending state. Such programs
include, but are not limited to, talented and gifted programs and
English as a second language programs. This does not preclude the
school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
C. Special education services.
1. In compliance with the federal requirements of the
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et
seq., the receiving state shall initially provide comparable
services to a student with disabilities based on the student's
current individualized education program. This does not preclude
the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
2. In compliance with the requirements of section 504 of the
Rehabilitation Act, 29 U.S.C. 794, and with Title II of the
Americans with Disabilities Act, 42 U.S.C. 12131-12165, the
receiving state shall make reasonable accommodations and
modifications to address the needs of incoming students with
disabilities, subject to an existing section 504 or Title II
plan, to provide the student with equal access to education. This
does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement
of the student.
D. Placement flexibility. Local education agency administrative
officials shall have flexibility in waiving course or program
prerequisites, or other preconditions for placement in courses or
programs offered under the jurisdiction of the local education
agency.
E. Absence as related to deployment activities. A student whose
parent or legal guardian is an active duty member of the
uniformed services, as defined by this compact, and has been
called to duty for, is on leave from, or immediately returned
from deployment to a combat zone or combat support posting, shall
be granted additional excused absences at the discretion of the
local education agency superintendent to visit with the student's
parent or legal guardian relative to such leave or deployment of
the parent or guardian. + }
{ +
ARTICLE VI + }
{ +
ELIGIBILITY + }
{ + A. Eligibility for enrollment.
1. Special power of attorney, relative to the guardianship of a
child of a military family and executed under applicable law,
shall be sufficient for the purposes of enrollment and all other
actions requiring parental participation and consent.
2. A local education agency shall be prohibited from charging
local tuition to a transitioning military child placed in the
care of a noncustodial parent or other person standing in loco
parentis who lives in a jurisdiction other than that of the
custodial parent.
3. A transitioning military child, placed in the care of a
noncustodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent,
may continue to attend the school in which the child was enrolled
while residing with the custodial parent.
B. Eligibility for extracurricular participation. State and
local education agencies shall facilitate the opportunity for
transitioning military children's inclusion in extracurricular
activities, regardless of application deadlines, to the extent
they are otherwise qualified. + }
{ +
ARTICLE VII + }
{ +
GRADUATION + }
{ + In order to facilitate the on-time graduation of children
of military families, states and local education agencies shall
incorporate the following procedures:
A. Waiver requirements. Local education agency administrative
officials shall waive specific courses required for graduation if
similar course work has been satisfactorily completed in another
local education agency or shall provide reasonable justification
for denial. Should a waiver not be granted to a student who would
qualify to graduate from the sending school, the local education
agency shall provide an alternative means of acquiring required
coursework so that graduation may occur on time.
B. Exit exams. States shall accept exit or end-of-course exams
required for graduation from the sending state, national
norm-referenced achievement tests or alternative testing that is
given in lieu of testing requirements for graduation in the
receiving state. In the event the above alternatives cannot be
accommodated by the receiving state for a student transferring in
the student's senior year, then the provisions of Section C of
this Article shall apply.
C. Transfers during senior year. Should a military student
transferring at the beginning or during the student's senior year
be ineligible to graduate from the receiving local education
agency after all alternatives have been considered, the sending
and receiving local education agencies shall ensure the receipt
of a diploma from the sending local education agency, if the
student meets the graduation requirements of the sending local
education agency. In the event that one of the states in question
is not a member of this compact, the member state shall use best
efforts to facilitate the on-time graduation of the student in
accordance with Sections A and B of this Article. + }
{ +
ARTICLE VIII + }
{ +
STATE COORDINATION + }
{ + A. Each member state shall, through the creation of a
State Council or use of an existing body or board, provide for
the coordination among its agencies of government, local
education agencies and military installations concerning the
state's participation in, and compliance with, this compact and
Interstate Commission activities. While each member state may
determine the membership of its own State Council, its membership
must include at least: the state superintendent of education, a
superintendent of a school district with a high concentration of
military children, a representative from a military installation,
one representative each from the legislative and executive
branches of government, and other offices and stakeholder groups
the State Council deems appropriate. A member state that does not
have a school district deemed to contain a high concentration of
military children may appoint a superintendent from another
school district to represent local education agencies on the
State Council.
B. The State Council of each member state shall appoint or
designate a military family education liaison to assist military
families and the state in facilitating the implementation of this
compact.
C. The compact commissioner responsible for the administration
and management of the state's participation in the compact shall
be appointed by the Governor or as otherwise determined by each
member state.
D. The compact commissioner and the military family education
liaison designated herein shall be ex officio members of the
State Council, unless either is already a full voting member of
the State Council. + }
{ +
ARTICLE IX + }
{ +
INTERSTATE COMMISSION ON EDUCATIONAL + }
{ +
OPPORTUNITY FOR MILITARY CHILDREN + }
{ + The member states hereby create the Interstate Commission
on Educational Opportunity for Military Children. The activities
of the Interstate Commission are the formation of public policy
and are a discretionary state function. The Interstate Commission
shall:
A. Be a body corporate and joint agency of the member states
and shall have all the responsibilities, powers and duties set
forth herein, and such additional powers as may be conferred upon
it by a subsequent concurrent action of the respective
legislatures of the member states in accordance with the terms of
this compact.
B. Consist of one Interstate Commission voting representative
from each member state who shall be that state's compact
commissioner.
1. Each member state represented at a meeting of the Interstate
Commission is entitled to one vote.
2. A majority of the total member states shall constitute a
quorum for the transaction of business, unless a larger quorum is
required by the bylaws of the Interstate Commission.
3. A representative may not delegate a vote to another member
state. In the event the compact commissioner is unable to attend
a meeting of the Interstate Commission, the Governor or State
Council may delegate voting authority to another person from
their state for a specified meeting.
4. The bylaws may provide for meetings of the Interstate
Commission to be conducted by telecommunication or electronic
communication.
C. Consist of ex officio, nonvoting representatives who are
members of interested organizations. Such ex officio members, as
defined in the bylaws, may include but not be limited to members
of the representative organizations of military family advocates,
local education agency officials, parent and teacher groups, the
Department of Defense, the Education Commission of the States,
the Interstate Agreement on the Qualification of Educational
Personnel and other interstate compacts affecting the education
of children of military members.
D. Meet at least once each calendar year. The chairperson may
call additional meetings and, upon the request of a simple
majority of the member states, shall call additional meetings.
E. Establish an executive committee, whose members shall
include the officers of the Interstate Commission and such other
members of the Interstate Commission as determined by the bylaws.
Members of the executive committee shall serve a one-year term.
Members of the executive committee shall be entitled to one vote
each. The executive committee shall have the power to act on
behalf of the Interstate Commission, with the exception of rule
making, during periods when the Interstate Commission is not in
session. The executive committee shall oversee the day-to-day
activities of the administration of this compact, including
enforcement and compliance with the provisions of this compact,
its bylaws and rules, and other such duties as deemed necessary.
The Department of Defense shall serve as an ex officio, nonvoting
member of the executive committee.
F. Establish bylaws and rules that provide for 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 information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests.
G. Give public notice of all meetings and all meetings shall be
open to the public, except as set forth in the rules or as
otherwise provided in this compact. The Interstate Commission and
its committees may close a meeting, or portion thereof, when it
determines by a 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
federal and state statute;
3. Disclose trade secrets or commercial or financial
information that is privileged or confidential;
4. Involve accusing a person of a crime or formally censuring a
person;
5. Disclose information of a personal nature if disclosure
would constitute a clearly unwarranted invasion of personal
privacy;
6. Disclose investigative records compiled for law enforcement
purposes; or
7. Specifically relate to the Interstate Commission's
participation in a civil action or other legal proceeding.
H. Cause its legal counselor designee to certify that a meeting
may be closed and shall reference each relevant exemptible
provision for any meeting, or portion of a meeting, which is
closed pursuant to this provision. The Interstate Commission
shall keep minutes that shall fully and clearly describe all
matters discussed in a meeting and shall provide a full and
accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed and the record of
a roll call vote. All documents considered in connection with an
action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to
release by a majority vote of the Interstate Commission.
I. Collect standardized data concerning the educational
transition of the children of military families under this
compact 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, in so far as is reasonably
possible, conform to current technology and coordinate its
information functions with the appropriate custodian of records
as identified in the bylaws and rules.
J. Create a process that permits military officials, education
officials and parents to inform the Interstate Commission if and
when there are alleged violations of this compact or its rules or
when issues subject to the jurisdiction of this compact or its
rules are not addressed by the state or local education agency.
This section shall not be construed to create a private right of
action against the Interstate Commission or any member state. + }
{ +
ARTICLE X + }
{ +
POWERS AND DUTIES OF THE INTERSTATE COMMISSION + }
{ + The Interstate Commission shall have the following powers:
A. To provide for dispute resolution among member states.
B. To promulgate rules and take all necessary actions to effect
the goals, purposes and obligations as enumerated in this
compact. The rules shall have the force and effect of statutory
law and shall be binding in the compact states to the extent and
in the manner provided in this compact.
C. To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of this compact, its
bylaws, rules and actions.
D. To enforce compliance with the compact provisions, the rules
promulgated by the Interstate Commission and the bylaws, using
all necessary and proper means, including but not limited to the
use of the judicial process.
E. To establish and maintain offices that shall be located
within one or more of the member states.
F. To purchase and maintain insurance and bonds.
G. To borrow, accept, hire or contract for services of
personnel.
H. To establish and appoint committees, including but not
limited to an executive committee as required by Article IX,
Section E of this compact, which shall have the power to act on
behalf of the Interstate Commission in carrying out its powers
and duties hereunder.
I. 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 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 it.
K. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real,
personal or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon
or otherwise dispose of any property, real, personal or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and
operation of the Interstate Commission.
O. To report annually to the legislatures, governors, judiciary
and state councils of the member 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.
P. To coordinate education, training and public awareness
regarding this compact, its implementation and operation for
officials and parents involved in such activity.
Q. To establish uniform standards for the reporting, collecting
and exchanging of data.
R. To maintain corporate books and records in accordance with
the bylaws.
S. To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact.
T. To provide for the uniform collection and sharing of
information between and among member states, schools and military
families under this compact. + }
{ +
ARTICLE XI + }
{ +
ORGANIZATION AND OPERATION OF THE + }
{ +
INTERSTATE COMMISSION + }
{ + A. 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
this 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 and for
governing any general or specific delegation of 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
and staff of the Interstate Commission;
6. Providing a mechanism for concluding the operations of the
Interstate Commission and the return of surplus funds that may
exist upon the termination of this compact after the payment and
reserving of all of its debts and obligations; and
7. Providing start up rules for initial administration of this
compact.
B. The Interstate Commission shall, by a majority of the
members, elect annually from among its members a chairperson, a
vice chairperson and a treasurer, each of whom shall have such
authority 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 ordinary and necessary costs and
expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission.
C. Executive committee, officers and personnel.
1. The executive committee shall have such authority and duties
as may be set forth in the bylaws, including but not limited to:
a. Managing the affairs of the Interstate Commission in a
manner consistent with the bylaws and purposes of the Interstate
Commission;
b. Overseeing an organizational structure within, and
appropriate procedures for, the Interstate Commission to provide
for the creation of rules, operating procedures and
administrative and technical support functions; and
c. Planning, implementing and coordinating communications and
activities with other state, federal and local government
organizations in order to advance the goals of the Interstate
Commission.
2. The executive committee may, subject to the approval of the
Interstate Commission, 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 of the
Interstate Commission. The executive director shall hire and
supervise such other persons as may be authorized by the
Interstate Commission.
D. The Interstate Commission's executive director and its
employees shall be immune from suit and liability, either
personally or in their official capacity, for a claim for damage
to or loss of property or personal injury or other civil
liability caused or arising out of or relating to an 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 such person shall not be protected from suit or
liability for damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of such person.
1. The liability of the Interstate Commission's executive
director and employees or Interstate Commission representatives,
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. The Interstate Commission is considered to
be an instrumentality of the states for the purposes of any such
action. Nothing in this subsection shall be construed to protect
such person from suit or liability for damage, loss, injury or
liability caused by the intentional or willful and wanton
misconduct of such person.
2. The Interstate Commission shall defend the executive
director and its employees and, subject to the approval of the
Attorney General or other appropriate legal counsel of the member
state represented by an Interstate Commission representative,
shall defend such Interstate Commission representative in any
civil action seeking to impose liability arising out of an 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.
3. To the extent not covered by the state involved, a member
state, the Interstate Commission or the representatives or
employees of the Interstate Commission shall be held harmless in
the amount of a settlement or judgment, including attorney's fees
and costs, obtained against such persons arising out of an 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 XII + }
{ +
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION + }
{ + A. Rulemaking authority. The Interstate Commission shall
promulgate reasonable rules in order to effectively and
efficiently achieve the purposes of this compact. Notwithstanding
the foregoing, in the event the Interstate Commission exercises
its rulemaking authority in a manner that is beyond the scope of
the purposes of this compact, or the powers granted hereunder,
then such an action by the Interstate Commission shall be invalid
and have no force or effect.
B. Rulemaking procedure. Rules shall be made pursuant to a
rulemaking process that substantially conforms to the 'Model
State Administrative Procedure Act,' of 1981, Uniform Laws
Annotated, Vol. 15, p. I (2000), as amended, as may be
appropriate to the operations of the Interstate Commission.
C. Not later than 30 days after a rule is promulgated, any
person may file a petition for judicial review of the rule
provided that the filing of such a petition shall not stay or
otherwise prevent the rule from becoming effective unless the
court finds that the petitioner has a substantial likelihood of
success. The court shall give deference to the actions of the
Interstate Commission consistent with applicable law and shall
not find the rule to be unlawful if the rule represents a
reasonable exercise of the Interstate Commission's authority.
D. 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 this compact, then such rule shall have
no further force and effect in any compacting state. + }
{ +
ARTICLE XIII + }
{ +
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION + }
{ + A. Oversight.
1. The executive, legislative and judicial branches of state
government in each member state shall enforce this compact and
shall take all actions necessary and appropriate to effectuate
this compact's purposes and intent. The provisions of this
compact and the rules promulgated hereunder shall have standing
as statutory law.
2. All courts shall take judicial notice of this compact and
the rules in any judicial or administrative proceeding in a
member state pertaining to the subject matter of this compact
that may affect the powers, responsibilities or actions of the
Interstate Commission.
3. 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. Failure
to provide service of process to the Interstate Commission shall
render a judgment or order void as to the Interstate Commission,
this compact or promulgated rules.
B. Default, technical assistance, suspension and termination.
1. If the Interstate Commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under this compact, or the bylaws or promulgated
rules, the Interstate Commission shall provide written notice to
the defaulting state and other member states of the nature of the
default, the means of curing the default and any action taken by
the Interstate Commission. The Interstate Commission shall
specify the conditions by which the defaulting state must cure
its default.
2. If a member state has defaulted, the Interstate Commission
shall provide remedial training and specific technical assistance
regarding the default.
3. If the defaulting state fails to cure the default, the
defaulting state shall be terminated from this compact upon an
affirmative vote of a majority of the member states and all
rights, privileges and benefits conferred by this compact shall
be terminated from the effective date of termination. A cure of
the default does not relieve the offending state of obligations
or liabilities incurred during the period of the default.
4. Suspension or termination of membership in this compact
shall be imposed only after all other means of securing
compliance have been exhausted. Notice of intent to suspend or
terminate shall be given by the Interstate Commission to the
Governor, the majority and minority leaders of the defaulting
state's legislature and each of the member states.
5. The state that has been suspended or terminated is
responsible for all assessments, obligations and liabilities
incurred through the effective date of suspension or termination
including obligations, the performance of which extends beyond
the effective date of suspension or termination.
6. The Interstate Commission shall not bear any costs relating
to any state that has been found to be in default or that has
been suspended or terminated from this compact, unless otherwise
mutually agreed upon in writing between the Interstate Commission
and the defaulting state.
7. The defaulting state may appeal the action of the Interstate
Commission by petitioning the United States District Court for
the District of Columbia or the federal district where the
Interstate Commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation including
reasonable attorney fees.
C. Dispute resolution.
1. The Interstate Commission shall attempt, upon the request of
a member state, to resolve disputes that are subject to this
compact and that may arise among member states and between member
and nonmember states.
2. The Interstate Commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement.
1. The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact.
2. The Interstate Commission may, by majority vote of the
members, initiate legal action in the United State District Court
for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the
Interstate Commission has its principal offices, to enforce
compliance with the provisions of this compact, its promulgated
rules and bylaws, against a member state in default. The relief
sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including
reasonable attorney fees.
3. The remedies herein shall not be the exclusive remedies of
the Interstate Commission. The Interstate Commission may avail
itself of any other remedies available under state law or the
regulation of a profession. + }
{ +
ARTICLE XIV + }
{ +
FINANCING OF THE INTERSTATE COMMISSION + }
{ + 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 may levy on and collect an annual
assessment from each member state to cover the cost of the
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, which
shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur 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
member states, except by and with the authority of the member
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. + }
{ +
ARTICLE XV + }
{ +
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT + }
{ + A. Any state is eligible to become a member state.
B. This compact shall become effective and binding upon
legislative enactment of this compact into law by no less than 10
of the states. The effective date may be no earlier than December
1, 2007. Thereafter it shall become effective and binding as to
any other member state upon enactment of this 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
this compact by all states.
C. The Interstate Commission may propose amendments to this
compact for enactment by the member states. No amendment shall
become effective and binding upon the Interstate Commission and
the member states unless and until it is enacted into law by
unanimous consent of the member states. + }
{ +
ARTICLE XVI + }
{ +
WITHDRAWAL AND DISSOLUTION + }
{ + A. Withdrawal.
1. Once effective, this compact shall continue in force and
remain binding upon each and every member state provided that a
member state may withdraw from this compact by specifically
repealing the statute that enacted this compact into law.
2. Withdrawal from this compact shall be by the enactment of a
statute repealing the same, but shall not take effect until one
year after the effective date of such statute and until written
notice of the withdrawal has been given by the withdrawing state
to the Governor of each other member jurisdiction.
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 member 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 obligations, the performance of which
extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall
occur upon the withdrawing state reenacting this compact or upon
such later date as determined by the Interstate Commission.
B. Dissolution of compact.
1. This compact shall dissolve effective upon the date of the
withdrawal or default of the member state that reduces the
membership in this compact to one member state.
2. Upon the dissolution of this compact, this 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 surplus funds shall be distributed in accordance
with the bylaws. + }
{ +
ARTICLE XVII + }
{ +
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 this compact shall be
enforceable.
B. The provisions of this compact shall be liberally construed
to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the
applicability of other interstate compacts to which the states
are members. + }
{ +
ARTICLE XVIII + }
{ +
BINDING EFFECT OF COMPACT AND OTHER LAWS + }
{ + A. Other laws.
1. Nothing herein prevents the enforcement of any other law of
a member state that is not inconsistent with this compact.
2. All member states' laws conflicting with this compact are
superseded to the extent of the conflict.
B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including
all rules and bylaws promulgated by the Interstate Commission,
are binding upon the member states.
2. All agreements between the Interstate Commission and the
member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member
state, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
member state. + }
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