BILL REQ. #: S-0568.1
_____________________________________________
SENATE BILL 5133
_____________________________________________| State of Washington | 58th Legislature | 2003 Regular Session |
By Senators Carlson, Stevens, Hargrove, McCaslin, Kline, Sheahan, Kohl-Welles, Schmidt, McAuliffe, Oke, Rossi, Regala, Esser, Deccio, Swecker, Brandland, Parlette, Zarelli and RasmussenRead first time 01/15/2003. Referred to Committee on Children & Family Services & Corrections.
AN ACT Relating to the interstate compact for juveniles; adding a
new section to chapter 13.24 RCW; repealing RCW 13.24.010; and
providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 13.24 RCW
to read as follows:
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I - Purpose
The compacting states to this interstate compact 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. Sec. 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
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 for 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 that has jurisdiction over juvenile
offenders; (8) ensure immediate notice to jurisdictions where defined
offenders may travel or relocate across state lines; (9) establish
procedures to resolve pending charges (detainers) against juvenile
offenders before 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 compact 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; and (13) coordinate the
implementation and operation of the compact with the interstate compact
for 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 in this
section 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 under Article III of this compact.
(3) "Compact administrator" means the individual in each compacting
state appointed under 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 that 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 under 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) An accused delinquent, meaning a person charged with an offense
that, if committed by an adult, would be a criminal offense;
(b) An adjudicated delinquent, meaning a person found to have
committed an offense that, if committed by an adult, would be a
criminal offense;
(c) An accused status offender, meaning a person charged with an
offense that would not be a criminal offense if committed by an adult;
(d) An adjudicated status offender, meaning a person found to have
committed an offense that would not be a criminal offense if committed
by an adult; and
(e) A nonoffender, meaning a person in need of supervision who has
not been accused or adjudicated a status offender or delinquent.
(9) "Noncompacting state" means any state that 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
issued under 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 commission, and has the force and effect of
statutory law in a compacting state. This 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 United
States Virgin Islands, Guam, American Samoa, and the Northern Marianas
Islands.
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 in
this section, 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 under
the rules and requirements of each compacting state and in consultation
with the state council for interstate juvenile supervision. 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 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 for the placement of children,
juvenile justice and juvenile corrections officials, 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, including members of other
national organizations, in such numbers as shall be determined by the
commission.
(4) Each compacting state represented at any meeting of the
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 chair 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 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 rule
making 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 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 may 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
that 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 closed meeting, 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 that 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 the
minutes.
(11) The interstate commission shall collect standardized data
concerning the interstate movement of juveniles as directed through its
rules that 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 current technology and coordinate its information
functions with the appropriate repository of records.
ARTICLE IV - Powers and Duties of the Interstate Commission
The commission has the following powers and duties:
(1) Provide for dispute resolution among compacting states;
(2) Adopt rules to effect the purposes and obligations of 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) Oversee, supervise, and coordinate the interstate movement of
juveniles subject to this compact and any bylaws adopted and rules
adopted by the interstate commission;
(4) Enforce compliance with the compact provisions, the rules
adopted by the interstate commission, and the bylaws, using all
necessary and proper means, including but not limited to the use of
judicial process;
(5) Establish and maintain offices that are located within one or
more of the compacting states;
(6) Purchase and maintain insurance and bonds;
(7) Borrow, accept, hire, or contract for personnel services;
(8) 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 that may
act on behalf of the interstate commission in carrying out its powers
and duties;
(9) 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 inter alia,
conflicts of interest, rates of compensation, and qualifications of
personnel;
(10) Accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, use, and dispose of
the donations and grants;
(11) Lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve, or use any property, real, personal,
or mixed;
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal, or mixed;
(13) Establish a budget and make expenditures and levy dues as
provided in Article VIII of this compact;
(14) Sue and be sued;
(15) Adopt a seal and bylaws governing the management and operation
of the interstate commission;
(16) Perform such functions as may be necessary or appropriate to
achieve the purposes of this compact;
(17) 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. Reports shall
also include any recommendations adopted by the interstate commission;
(18) Coordinate education, training, and public awareness regarding
the interstate movement of juveniles for officials involved in such
activity;
(19) Establish uniform standards of the reporting, collecting, and
exchanging of data; and
(20) Maintain its 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 twelve 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 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 chair and a vice-chair, each of
whom has the authority and duties that are specified in the bylaws.
The chair or, in the chair's absence or disability, the vice-chair
shall preside at all meetings of the interstate commission. The
officers so elected shall serve without compensation or remuneration
from the interstate commission. However, 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 deems 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 authorized by
the interstate commission.
Section C. Qualified immunity, defense, and indemnification
(1) The commission's executive director and employees are immune
from suit and liability, either personally or in their official
capacity, for any claim for damage to, loss of property, personal
injury, or other civil liability caused 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 commission employment, duties, or responsibilities. However,
any such person is not 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,
if 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,
if 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 - Rule-making Functions of the Interstate Commission
(1) The interstate commission shall adopt and publish rules in
order to effectively and efficiently achieve the purposes of the
compact.
(2) Rule making shall occur pursuant to the criteria set forth in
this article and the bylaws and rules adopted pursuant thereto. Such
rule making shall substantially conform to the principles of the "model
state administrative procedures act," 1981 Act, Uniform Laws Annotated,
Vol. 15, p.1 (2000), or such other administrative procedures act, as
the interstate commission deems appropriate 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 become binding as of the date specified, as published with
the final version of the rule as approved by the commission.
(3) When adopting a rule, the interstate commission shall, at a
minimum:
(a) Publish the proposed rule's entire text stating the reason or
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
ten or more persons; and
(d) Adopt a final rule and its effective date, if appropriate,
based on input from state or local officials, or interested parties.
(4) The interstate commission shall allow, not later than sixty
days after a rule is adopted, 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 rule-making 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 procedures act.
(5) If a majority of the legislatures of the compacting states
rejects a rule, those states may, by enactment of a statute or
resolution in the same manner used to adopt the compact, cause that
rule to 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
twelve months after the first meeting of the interstate commission
created under this section.
(7) Upon determination by the interstate commission that a state of
emergency exists, it may adopt an emergency rule that becomes effective
immediately upon adoption. However, the usual rule-making procedures
shall be retroactively applied to the rule as soon as reasonably
possible, but no later than ninety 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 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. The
provisions of this compact and the rules adopted under this section
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 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 that are
subject to the compact and that may arise among compacting states and
between compacting and noncompacting states. The commission shall
adopt 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 adopt a rule
binding upon all compacting states that governs the assessment.
(3) The interstate commission shall not incur any obligations of
any kind before 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
Each member state shall create a state council for interstate
juvenile supervision. While each state may determine the membership of
its own state council, its membership must include at least one
representative from the legislative, judicial, and executive branches
of government, victims groups, and the compact administrator, deputy
compact administrator, or designee. Each compacting state retains the
right to determine the qualifications of the compact administrator or
deputy compact administrator. Each state council will advise and may
exercise oversight and advocacy concerning that state's participation
in interstate commission activities and other duties as may be
determined by that state, including but not limited to development of
policy concerning operations and procedures of the compact within that
state.
ARTICLE X - Compacting States, Effective Date, and Amendment
(1) Any state, the District of Columbia or its designee, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Northern Marianas Islands 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 thirty-five of the
states. The initial effective date shall be the later of July 1, 2004,
or upon enactment into law by the thirty-fifth 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 before 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. However, a compacting
state may withdraw from the compact by repealing the statute that
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 chair 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 sixty 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.
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
adopted 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 set 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 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 rules and any other grounds designated in
commission 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 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 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 sixty 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, 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 where the interstate commission has
its offices, to enforce compliance with the provisions of the compact,
its rules, and 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 are severable, and if any
phrase, clause, sentence, or provision is deemed unenforceable, the
remaining provisions of the compact are 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 in this section prevents the enforcement of any other
law of a compacting state that is consistent 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 adopted 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.
NEW SECTION. Sec. 2 RCW 13.24.010 (Execution of compact) and
1955 c 284 s 1 are each repealed.
NEW SECTION. Sec. 3 This act takes effect July 1, 2004, or when
the interstate compact for juveniles is adopted by thirty-five or more
states, whichever occurs later.
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