Full Text of SB0277 96th General Assembly
SB0277ham001 96TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 10/28/2009
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09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
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| AMENDMENT TO SENATE BILL 277
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| AMENDMENT NO. ______. Amend Senate Bill 277 by replacing | 3 |
| everything after the enacting clause with the following:
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| "ARTICLE 5. | 5 |
| Section 5-1. Short title. This Article may be cited as the | 6 |
| Interstate Compact on Educational Opportunity for Military | 7 |
| Children Law. | 8 |
| Section 5-5. Interstate Compact on Educational Opportunity | 9 |
| for Military Children. The Governor of this State is hereby | 10 |
| authorized and directed to enter into a compact on behalf of | 11 |
| this State with any of the United States legally joining | 12 |
| therein in the form substantially as follows: | 13 |
| Interstate Compact on Educational | 14 |
| Opportunity for Military Children |
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| ARTICLE I | 2 |
| PURPOSE | 3 |
| It is the purpose of this compact to remove barriers to | 4 |
| educational success imposed on children of military families | 5 |
| because of frequent moves and deployment of their parents by: | 6 |
| A. Facilitating the timely enrollment of children of | 7 |
| military families and ensuring that they are not placed at | 8 |
| a disadvantage due to difficulty in
the transfer of | 9 |
| education records from the previous school district(s) or
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| variations in entrance/age requirements. | 11 |
| B. Facilitating the student placement process through | 12 |
| which children of military families are not disadvantaged | 13 |
| by variations in attendance requirements, scheduling, | 14 |
| sequencing, grading, course content or assessment. | 15 |
| C. Facilitating the qualification and eligibility for | 16 |
| enrollment, educational programs, and participation in | 17 |
| extracurricular academic, athletic, and social activities. | 18 |
| D. Facilitating the on-time graduation of children of | 19 |
| military families. | 20 |
| E. Providing for the promulgation and enforcement of | 21 |
| administrative rules implementing the provisions of this | 22 |
| compact. | 23 |
| F. Providing for the uniform collection and sharing of | 24 |
| information between and among member states, schools and |
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| military families under this compact. | 2 |
| G. Promoting coordination between this compact and | 3 |
| other compacts affecting military children. | 4 |
| H. Promoting flexibility and cooperation between the | 5 |
| educational system, parents and the student in order to | 6 |
| achieve educational success for the student.
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| ARTICLE II | 8 |
| DEFINITIONS | 9 |
| As used in this compact, unless the context clearly | 10 |
| requires a different
construction:
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| A. "Active duty" means: full-time duty status in the | 12 |
| active uniformed
service of the United States, including | 13 |
| members of the National Guard
and Reserve on active duty | 14 |
| orders pursuant to 10 U.S.C. Section 1209
and 1211. | 15 |
| B. "Children of military families" means: a | 16 |
| school-aged child(ren), enrolled in Kindergarten through | 17 |
| Twelfth (12th) grade, in the household of an active duty | 18 |
| member. | 19 |
| C. "Compact commissioner" means: the voting | 20 |
| representative of each compacting state appointed pursuant | 21 |
| to Article VIII of this compact. | 22 |
| D. "Deployment" means: the period one (1) month prior | 23 |
| to the service members' departure from their home station | 24 |
| on military orders though six (6) months after return to |
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| their home station. | 2 |
| E. "Education(al) records" means: those official | 3 |
| records, files, and data directly related to a student and | 4 |
| maintained by the school or local
education agency, | 5 |
| including but not limited to records encompassing
all the | 6 |
| material kept in the student's cumulative folder such as | 7 |
| general
identifying data, records of attendance and of | 8 |
| academic work
completed, records of achievement and | 9 |
| results of evaluative tests,
health data, disciplinary | 10 |
| status, test protocols, and individualized
education | 11 |
| programs. | 12 |
| F. "Extracurricular activities" means: a voluntary | 13 |
| activity sponsored by the school or local education agency | 14 |
| or an organization sanctioned by
the local education | 15 |
| agency. Extracurricular activities include, but are
not | 16 |
| limited to, preparation for and involvement in public | 17 |
| performances,
contests, athletic competitions, | 18 |
| demonstrations, displays, and club
activities. | 19 |
| G. "Interstate Commission on Educational Opportunity | 20 |
| for Military
Children" means: the commission that is | 21 |
| created under Article IX of
this compact, which is | 22 |
| generally referred to as Interstate Commission. | 23 |
| H. "Local education agency" means: a public authority | 24 |
| legally constituted by the state as an administrative | 25 |
| agency to provide control of and direction for Kindergarten | 26 |
| through Twelfth (12th) grade public
educational |
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| institutions. | 2 |
| I. "Member state" means: a state that has enacted this | 3 |
| compact. | 4 |
| J. "Military installation" means: means a base, camp, | 5 |
| post, station, yard, center, homeport facility for any | 6 |
| ship, or other activity under the jurisdiction of the | 7 |
| Department of Defense, including any leased facility,
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| which is located within any of the several States, the | 9 |
| District of
Columbia, the Commonwealth of Puerto Rico, the | 10 |
| U.S. Virgin Islands,
Guam, American Samoa, the Northern | 11 |
| Marianas Islands and any other
U.S. Territory. Such term | 12 |
| does not include any facility used primarily
for civil | 13 |
| works, rivers and harbors projects, or flood control | 14 |
| projects. | 15 |
| K. "Non-member state" means: a state that has not | 16 |
| enacted this compact. | 17 |
| L. "Receiving state" means: the state to which a child | 18 |
| of a military family is sent, brought, or caused to be sent | 19 |
| or brought. | 20 |
| M. "Rule" means: a written statement by the Interstate | 21 |
| Commission
promulgated pursuant to Article XII of this | 22 |
| compact that is of general
applicability, implements, | 23 |
| interprets or prescribes a policy or provision
of the | 24 |
| Compact, or an organizational, procedural, or practice
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| requirement of the Interstate Commission, and has the force | 26 |
| and effect
of statutory law in a member state, and includes |
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| the amendment,
repeal, or suspension of an existing rule. | 2 |
| N. "Sending state" means: the state from which a child | 3 |
| of a military family is sent, brought, or caused to be sent | 4 |
| or brought. | 5 |
| O. "State" means: a state of the United States, the | 6 |
| District of Columbia, the Commonwealth of Puerto Rico, the | 7 |
| U.S. Virgin Islands, Guam, American Samoa, the Northern | 8 |
| Marianas Islands and any other U.S. Territory. | 9 |
| P. "Student" means: the child of a military family for | 10 |
| whom the local
education agency receives public funding and | 11 |
| who is formally enrolled
in Kindergarten through Twelfth | 12 |
| (12th) grade. | 13 |
| Q. "Transition" means: 1) the formal and physical | 14 |
| process of transferring from school to school or 2) the | 15 |
| period of time in which a student moves from one school in | 16 |
| the sending state to another school in the receiving state. | 17 |
| R. "Uniformed service(s)" means: the Army, Navy, Air | 18 |
| Force, Marine Corps, Coast Guard as well as the | 19 |
| Commissioned Corps of the National Oceanic and Atmospheric | 20 |
| Administration, and Public Health Services. | 21 |
| S. "Veteran" means: a person who served in the | 22 |
| uniformed services and who was discharged or released there | 23 |
| from under conditions other than dishonorable. | 24 |
| ARTICLE III | 25 |
| APPLICABILITY |
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| A. Except as otherwise provided in Section B, this compact | 2 |
| shall apply to
the children of: | 3 |
| 1. active duty members of the uniformed services as | 4 |
| defined in
this compact, including members of the National | 5 |
| Guard and
Reserve on active duty orders pursuant to 10 | 6 |
| U.S.C. Section
1209 and 1211; | 7 |
| 2. members or veterans of the uniformed services who | 8 |
| are severely injured and medically discharged or retired | 9 |
| for a period of one
(1) year after medical discharge or | 10 |
| retirement; and | 11 |
| 3. members of the uniformed services who die on active | 12 |
| duty or as
a result of injuries sustained on active duty | 13 |
| for a period of one (1) year after death. | 14 |
| B. The provisions of this interstate compact shall only | 15 |
| apply to local
education agencies as defined in this compact. | 16 |
| C. The provisions of this compact shall not apply to the | 17 |
| children of: | 18 |
| 1. inactive members of the national guard and military | 19 |
| reserves; | 20 |
| 2. members of the uniformed services now retired, | 21 |
| except as
provided in Section A; | 22 |
| 3. veterans of the uniformed services, except as | 23 |
| provided in
Section A; and | 24 |
| 4. other U.S. Dept. of Defense personnel and other | 25 |
| federal
agency civilian and contract employees not defined |
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| as active
duty members of the uniformed services.
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| ARTICLE IV | 3 |
| EDUCATIONAL RECORDS & ENROLLMENT | 4 |
| A. Unofficial or "hand-carried" education records - In the | 5 |
| event that
official education records cannot be released to the | 6 |
| parents for the
purpose of transfer, the custodian of the | 7 |
| records in the sending state
shall prepare and furnish to the | 8 |
| parent a complete set of unofficial
educational records | 9 |
| containing uniform information as determined by
the Interstate | 10 |
| Commission. Upon receipt of the unofficial education
records by | 11 |
| a school in the receiving state, the school shall enroll and
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| appropriately place the student based on the information | 13 |
| provided in
the unofficial records pending validation by the | 14 |
| official records, as
quickly as possible. | 15 |
| B. Official education records/transcripts - Simultaneous | 16 |
| with the
enrollment and conditional placement of the student, | 17 |
| the school in the
receiving state shall request the student's | 18 |
| official education record from
the school in the sending state. | 19 |
| Upon receipt of this request, the school
in the sending state | 20 |
| will process and furnish the official education
records to the | 21 |
| school in the receiving state within ten (10) days or
within | 22 |
| such time as is reasonably determined under the rules
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| promulgated by the Interstate Commission. | 24 |
| C. Immunizations - Compacting states shall give thirty (30) |
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| days from the
date of enrollment or within such time as is | 2 |
| reasonably determined
under the rules promulgated by the | 3 |
| Interstate Commission, for
students to obtain any | 4 |
| immunization(s) required by the receiving state.
For a series | 5 |
| of immunizations, initial vaccinations must be obtained
within | 6 |
| thirty (30) days or within such time as is reasonably | 7 |
| determined
under the rules promulgated by the Interstate | 8 |
| Commission. | 9 |
| D. Kindergarten and First grade entrance age - Students | 10 |
| shall be allowed
to continue their enrollment at grade level in | 11 |
| the receiving state
commensurate with their grade level | 12 |
| (including Kindergarten) from a
local education agency in the | 13 |
| sending state at the time of transition,
regardless of age. A | 14 |
| student that has satisfactorily completed the
prerequisite | 15 |
| grade level in the local education agency in the sending
state | 16 |
| shall be eligible for enrollment in the next highest grade | 17 |
| level in
the receiving state, regardless of age. A student | 18 |
| transferring after the
start of the school year in the | 19 |
| receiving state shall enter the school in
the receiving state | 20 |
| on their validated level from an accredited school in
the | 21 |
| sending state.
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| ARTICLE V | 23 |
| PLACEMENT & ATTENDANCE | 24 |
| A. Course placement - When the student transfers before or |
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| during the
school year, the receiving state school shall | 2 |
| initially honor placement of
the student in educational courses | 3 |
| based on the student's enrollment in
the sending state school | 4 |
| and/or educational assessments conducted at
the school in the | 5 |
| sending state if the courses are offered. Course
placement | 6 |
| includes but is not limited to Honors, International
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| Baccalaureate, Advanced Placement, vocational, technical and | 8 |
| career
pathways courses. Continuing the student's academic | 9 |
| program from the
previous school and promoting placement in | 10 |
| academically and career
challenging courses should be | 11 |
| paramount when considering placement.
This does not preclude | 12 |
| the school in the receiving state from performing
subsequent | 13 |
| evaluations to ensure appropriate placement and continued
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| enrollment of the student in the course(s). | 15 |
| B. Educational program placement - The receiving state | 16 |
| school shall initially honor placement of the student in | 17 |
| educational programs based on current
educational assessments | 18 |
| conducted at the school in the sending state or
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| participation/placement in like programs in the sending state. | 20 |
| Such
programs include, but are not limited to: 1) gifted and | 21 |
| talented programs;
and 2) English as a second language (ESL). | 22 |
| This does not preclude the
school in the receiving state from | 23 |
| performing subsequent evaluations to
ensure appropriate | 24 |
| placement of the student. | 25 |
| C. Special education services - 1) In compliance with the | 26 |
| federal
requirements of the Individuals with Disabilities |
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| Education Act (IDEA),
20 U.S.C.A. Section 1400 et seq, the | 2 |
| receiving state shall initially provide
comparable services to | 3 |
| a student with disabilities based on his/her
current | 4 |
| Individualized Education Program (IEP); and 2) In compliance
| 5 |
| with the requirements of Section 504 of the Rehabilitation Act, | 6 |
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U.S.C.A. Section 794, and with Title II of the Americans | 7 |
| with Disabilities
Act, 42 U.S.C.A. Sections 12131-12165, the | 8 |
| receiving state shall make
reasonable accommodations and | 9 |
| modifications to address the needs of
incoming students with | 10 |
| disabilities, subject to an existing 504 or Title II
Plan, to | 11 |
| provide the student with equal access to education. This does
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| not preclude the school in the receiving state from performing
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| subsequent evaluations to ensure appropriate placement of the | 14 |
| student. | 15 |
| D. Placement flexibility - Local education agency | 16 |
| administrative officials shall have flexibility in waiving | 17 |
| course/program prerequisites, or other
preconditions for | 18 |
| placement in courses/programs offered under the
jurisdiction | 19 |
| of the local education agency. | 20 |
| E. Absence as related to deployment activities - A student | 21 |
| whose parent or legal guardian is an active duty member of the | 22 |
| uniformed services, as
defined by the compact, and has been | 23 |
| called to duty for, is on leave from,
or immediately returned | 24 |
| from deployment to a combat zone or combat
support posting, | 25 |
| shall be granted additional excused absences at the
discretion | 26 |
| of the local education agency superintendent to visit with his
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| or her parent or legal guardian relative to such leave or | 2 |
| deployment of
the parent or guardian.
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| ARTICLE VI | 4 |
| ELIGIBILITY | 5 |
| A. Eligibility for enrollment. | 6 |
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1. Special power of attorney, relative to the | 7 |
| guardianship of a
child of a military family and executed | 8 |
| under applicable law
shall be sufficient for the purposes | 9 |
| of enrollment and all other
actions requiring parental | 10 |
| participation and consent. | 11 |
| 2. A local education agency shall be prohibited from | 12 |
| charging
local tuition to a transitioning military child | 13 |
| placed in the care
of a non-custodial parent or other | 14 |
| person standing in loco
parentis who lives in a | 15 |
| jurisdiction other than that of the
custodial parent. | 16 |
| 3. A transitioning military child, placed in the care | 17 |
| of a non-custodial parent or other person standing in loco | 18 |
| parentis who
lives in a jurisdiction other than that of the | 19 |
| custodial parent,
may continue to attend the school in | 20 |
| which he/she was
enrolled while residing with the custodial | 21 |
| parent. | 22 |
| B. Eligibility for extracurricular participation - State | 23 |
| and local education
agencies shall facilitate the opportunity | 24 |
| for transitioning military
children's inclusion in |
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| extracurricular activities, regardless of
application | 2 |
| deadlines, to the extent they are otherwise qualified.
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| ARTICLE VII | 4 |
| GRADUATION | 5 |
| In order to facilitate the on-time graduation of children | 6 |
| of military families states and local education agencies shall | 7 |
| incorporate the following procedures: | 8 |
| A. Waiver requirements - Local education agency | 9 |
| administrative officials shall waive specific courses | 10 |
| required for graduation if similar course work has been | 11 |
| satisfactorily completed in another local education
agency | 12 |
| or shall provide reasonable justification for denial. | 13 |
| Should a
waiver not be granted to a student who would | 14 |
| qualify to graduate from
the sending school, the local | 15 |
| education agency shall provide an
alternative means of | 16 |
| acquiring required coursework so that graduation
may occur | 17 |
| on time. | 18 |
| B. Exit exams - States shall accept: 1) exit or | 19 |
| end-of-course exams
required for graduation from the | 20 |
| sending state; or 2) national norm-referenced achievement | 21 |
| tests or 3) alternative testing, in lieu of testing
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| requirements for graduation in the receiving state. In the | 23 |
| event the
above alternatives cannot be accommodated by the | 24 |
| receiving state for a
student transferring in his or her |
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| Senior year, then the provisions of
Article VII, Section C | 2 |
| shall apply. | 3 |
| C. Transfers during Senior year - Should a military | 4 |
| student transferring at the beginning or during his or her | 5 |
| Senior year be ineligible to graduate from the receiving | 6 |
| local education agency after all alternatives have been | 7 |
| considered, the sending and receiving local education | 8 |
| agencies shall ensure the receipt of a diploma from the | 9 |
| sending local education agency, if the student meets the | 10 |
| graduation requirements of the
sending local education | 11 |
| agency. In the event that one of the states in
question is | 12 |
| not a member of this compact, the member state shall use
| 13 |
| best efforts to facilitate the on-time graduation of the | 14 |
| student in
accordance with Sections A and B of this | 15 |
| Article.
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| ARTICLE VIII | 17 |
| STATE COORDINATION | 18 |
| A. Each member state shall, through the creation of a State | 19 |
| Council or
use of an existing body or board, provide for the | 20 |
| coordination among its
agencies of government, local education | 21 |
| agencies and military
installations concerning the state's | 22 |
| participation in, and compliance
with, this compact and | 23 |
| Interstate Commission activities. While each
member state may | 24 |
| determine the membership of its own State Council,
its |
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| membership must include at least: the state superintendent of
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| education, superintendent of a school district with a high | 3 |
| concentration
of military children, representative from a | 4 |
| military installation, one
representative each from the | 5 |
| legislative and executive branches of
government, and other | 6 |
| offices and stakeholder groups the State Council
deems | 7 |
| appropriate. A member state that does not have a school | 8 |
| district
deemed to contain a high concentration of military | 9 |
| children may appoint
a superintendent from another school | 10 |
| district to represent local
education agencies on the State | 11 |
| Council. | 12 |
| B. The State Council of each member state shall appoint or | 13 |
| designate a
military family education liaison to assist | 14 |
| military families and the state
in facilitating the | 15 |
| implementation of this compact. | 16 |
| C. The compact commissioner responsible for the | 17 |
| administration and
management of the state's participation in | 18 |
| the compact shall be
appointed by the Governor or as otherwise | 19 |
| determined by each member
state. | 20 |
| D. The compact commissioner and the military family | 21 |
| education liaison
designated herein shall be ex-officio | 22 |
| members of the State Council,
unless either is already a full | 23 |
| voting member of the State Council.
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| ARTICLE IX | 25 |
| INTERSTATE COMMISSION ON EDUCATIONAL |
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| OPPORTUNITY FOR MILITARY CHILDREN | 2 |
| The member states hereby create the "Interstate Commission | 3 |
| on Educational Opportunity for Military Children." The | 4 |
| activities of the Interstate Commission are the formation of | 5 |
| public policy and are a discretionary state function. The | 6 |
| Interstate Commission shall: | 7 |
| A. Be a body corporate and joint agency of the member | 8 |
| states and shall have all the responsibilities, powers and | 9 |
| duties set forth herein, and
such additional powers as may | 10 |
| be conferred upon it by a subsequent
concurrent action of | 11 |
| the respective legislatures of the member states in
| 12 |
| accordance with the terms of this compact. | 13 |
| B. Consist of one Interstate Commission voting | 14 |
| representative from each member state who shall be that | 15 |
| state's compact commissioner. | 16 |
| 1. Each member state represented at a meeting of | 17 |
| the Interstate Commission is entitled to one vote. | 18 |
| 2. A majority of the total member states shall | 19 |
| constitute a
quorum for the transaction of business, | 20 |
| unless a larger
quorum is required by the bylaws of the | 21 |
| Interstate
Commission. | 22 |
| 3. A representative shall not delegate a vote to | 23 |
| another member state. In the event the compact | 24 |
| commissioner is unable to
attend a meeting of the | 25 |
| Interstate Commission, the Governor
or State Council |
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| may delegate voting authority to another
person from | 2 |
| their state for a specified meeting. | 3 |
| 4. The bylaws may provide for meetings of the | 4 |
| Interstate
Commission to be conducted by | 5 |
| telecommunication or
electronic communication. | 6 |
| C. Consist of ex-officio, non-voting representatives | 7 |
| who are members of interested organizations. Such | 8 |
| ex-officio members, as defined in the bylaws, may include | 9 |
| but not be limited to, members of the
representative | 10 |
| organizations of military family advocates, local
| 11 |
| education agency officials, parent and teacher groups, the | 12 |
| U.S.
Department of Defense, the Education Commission of the | 13 |
| States, the
Interstate Agreement on the Qualification of | 14 |
| Educational Personnel and
other interstate compacts | 15 |
| affecting the education of children of military
members. | 16 |
| D. Meet at least once each calendar year. The | 17 |
| chairperson may call
additional meetings and, upon the | 18 |
| request of a simple majority of the
member states, shall | 19 |
| call additional meetings. | 20 |
| E. Establish an executive committee, whose members | 21 |
| shall include the officers of the Interstate Commission and | 22 |
| such other members of the
Interstate Commission as | 23 |
| determined by the bylaws. Members of the
executive | 24 |
| committee shall serve a one year term. Members of the
| 25 |
| executive committee shall be entitled to one vote each. The | 26 |
| executive
committee shall have the power to act on behalf |
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| of the Interstate
Commission, with the exception of | 2 |
| rulemaking, during periods when
the Interstate Commission | 3 |
| is not in session. The executive committee
shall oversee | 4 |
| the day-to-day activities of the administration of the
| 5 |
| compact including enforcement and compliance with the | 6 |
| provisions of
the compact, its bylaws and rules, and other | 7 |
| such duties as deemed
necessary. The U.S. Dept. of Defense, | 8 |
| shall serve as an ex-officio,
nonvoting member of the | 9 |
| executive committee. | 10 |
| F. Establish bylaws and rules that provide for | 11 |
| conditions and procedures under which the Interstate | 12 |
| Commission shall make its information and official records | 13 |
| available to the public for inspection or copying. The | 14 |
| Interstate Commission may exempt from disclosure | 15 |
| information or official records to the extent they would | 16 |
| adversely affect personal privacy rights or proprietary | 17 |
| interests. | 18 |
| G. Give public notice of all meetings and all meetings | 19 |
| shall be open to the public, except as set forth in the | 20 |
| rules or as otherwise provided in the compact. The | 21 |
| Interstate Commission and its committees may close a
| 22 |
| meeting, or portion thereof, where it determines by | 23 |
| two-thirds vote that
an open meeting would be likely to: | 24 |
| 1. Relate solely to the Interstate Commission's | 25 |
| internal personnel practices and procedures; | 26 |
| 2. Disclose matters specifically exempted from |
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| disclosure by
federal and state statute; | 2 |
| 3. Disclose trade secrets or commercial or | 3 |
| financial information which is privileged or | 4 |
| confidential; | 5 |
| 4. Involve accusing a person of a crime, or | 6 |
| formally censuring a person; | 7 |
| 5. Disclose information of a personal nature where | 8 |
| disclosure would constitute a clearly unwarranted | 9 |
| invasion of personal privacy; | 10 |
| 6. Disclose investigative records compiled for law | 11 |
| enforcement purposes; or | 12 |
| 7. Specifically relate to the Interstate | 13 |
| Commission's participation in a civil action or other | 14 |
| legal proceeding. | 15 |
| H. Cause its legal counsel or designee to certify that | 16 |
| a meeting may be closed and shall reference each relevant | 17 |
| exemptible provision for any
meeting, or portion of a | 18 |
| meeting, which is closed pursuant to this
provision. The | 19 |
| Interstate Commission shall keep minutes which shall
fully | 20 |
| and clearly describe all matters discussed in a meeting and | 21 |
| shall
provide a full and accurate summary of actions taken, | 22 |
| and the reasons
therefore, including a description of the | 23 |
| views expressed and the record
of a roll call vote. All | 24 |
| documents considered in connection with an
action shall be | 25 |
| identified in such minutes. All minutes and documents
of a | 26 |
| closed meeting shall remain under seal, subject to release |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| by a
majority vote of the Interstate Commission. | 2 |
| I. Collect standardized data concerning the | 3 |
| educational transition of the children of military | 4 |
| families under this compact as directed through its
rules | 5 |
| which shall specify the data to be collected, the means of
| 6 |
| collection and data exchange and reporting requirements. | 7 |
| Such
methods of data collection, exchange and reporting | 8 |
| shall, in so far as is
reasonably possible, conform to | 9 |
| current technology and coordinate its
information | 10 |
| functions with the appropriate custodian of records as
| 11 |
| identified in the bylaws and rules. | 12 |
| J. Create a process that permits military officials, | 13 |
| education officials and parents to inform the Interstate | 14 |
| Commission if and when there are
alleged violations of the | 15 |
| compact or its rules or when issues subject to
the | 16 |
| jurisdiction of the compact or its rules are not addressed | 17 |
| by the
state or local education agency. This section shall | 18 |
| not be construed to
create a private right of action | 19 |
| against the Interstate Commission or
any member state.
| 20 |
| ARTICLE X | 21 |
| POWERS AND DUTIES OF THE INTERSTATE COMMISSION | 22 |
| The Interstate Commission shall have the following powers: | 23 |
| A. To provide for dispute resolution among member | 24 |
| states. |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| B. To promulgate rules and take all necessary actions | 2 |
| to effect the goals, purposes and obligations as enumerated | 3 |
| in this compact. The rules
shall have the force and effect | 4 |
| of statutory law and shall be binding in
the compact states | 5 |
| to the extent and in the manner provided in this
compact. | 6 |
| C. To issue, upon request of a member state, advisory | 7 |
| opinions concerning the meaning or interpretation of the | 8 |
| interstate compact, its bylaws, rules and actions. | 9 |
| D. To enforce compliance with the compact provisions, | 10 |
| the rules
promulgated by the Interstate Commission, and the | 11 |
| bylaws, using all
necessary and proper means, including but | 12 |
| not limited to the use of
judicial process. | 13 |
| E. To establish and maintain offices which shall be | 14 |
| located within one or more of the member states. | 15 |
| F. To purchase and maintain insurance and bonds. | 16 |
| G. To borrow, accept, hire or contract for services of | 17 |
| personnel. | 18 |
| H. To establish and appoint committees including, but | 19 |
| not limited to, an executive committee as required by | 20 |
| Article IX, Section E, which shall
have the power to act on | 21 |
| behalf of the Interstate Commission in
carrying out its | 22 |
| powers and duties hereunder. | 23 |
| I. To elect or appoint such officers, attorneys, | 24 |
| employees, agents, or consultants, and to fix their | 25 |
| compensation, define their duties and
determine their | 26 |
| qualifications; and to establish the Interstate
|
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| Commission's personnel policies and programs relating to | 2 |
| conflicts of
interest, rates of compensation, and | 3 |
| qualifications of personnel. | 4 |
| J. To accept any and all donations and grants of money, | 5 |
| equipment, supplies, materials, and services, and to | 6 |
| receive, utilize, and dispose of it. | 7 |
| K. To lease, purchase, accept contributions or | 8 |
| donations of, or otherwise to own, hold, improve or use any | 9 |
| property, real, personal, or mixed. | 10 |
| L. To sell, convey, mortgage, pledge, lease, exchange, | 11 |
| abandon, or
otherwise dispose of any property, real, | 12 |
| personal or mixed. | 13 |
| M. To establish a budget and make expenditures. | 14 |
| N. To adopt a seal and bylaws governing the management | 15 |
| and operation of the Interstate Commission. | 16 |
| O. To report annually to the legislatures, governors, | 17 |
| judiciary, and state councils of the member states | 18 |
| concerning the activities of the Interstate Commission | 19 |
| during the preceding year. Such reports shall also include | 20 |
| any recommendations that may have been adopted by the | 21 |
| Interstate Commission. | 22 |
| P. To coordinate education, training and public | 23 |
| awareness regarding the compact, its implementation and | 24 |
| operation for officials and parents involved in such | 25 |
| activity. | 26 |
| Q. To establish uniform standards for the reporting, |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| collecting and
exchanging of data. | 2 |
| R. To maintain corporate books and records in | 3 |
| accordance with the
bylaws. | 4 |
| S. To perform such functions as may be necessary or | 5 |
| appropriate to achieve the purposes of this compact. | 6 |
| T. To provide for the uniform collection and sharing of | 7 |
| information
between and among member states, schools and | 8 |
| military families under
this compact.
| 9 |
| ARTICLE XI | 10 |
| ORGANIZATION AND OPERATION OF THE INTERSTATE | 11 |
| COMMISSION | 12 |
| A. The Interstate Commission shall, by a majority of the | 13 |
| members present
and voting, within 12 months after the first | 14 |
| Interstate Commission
meeting, adopt bylaws to govern its | 15 |
| conduct as may be necessary or
appropriate to carry out the | 16 |
| purposes of the compact, including, but
not limited to: | 17 |
| 1. Establishing the fiscal year of the Interstate | 18 |
| Commission; | 19 |
| 2. Establishing an executive committee, and such other
| 20 |
| committees as may be necessary; | 21 |
| 3. Providing for the establishment of committees and | 22 |
| for
governing any general or specific delegation of | 23 |
| authority or
function of the Interstate Commission; | 24 |
| 4. Providing reasonable procedures for calling and |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| conducting
meetings of the Interstate Commission, and | 2 |
| ensuring
reasonable notice of each such meeting; | 3 |
| 5. Establishing the titles and responsibilities of the | 4 |
| officers and
staff of the Interstate Commission; | 5 |
| 6. Providing a mechanism for concluding the operations | 6 |
| of the
Interstate Commission and the return of surplus | 7 |
| funds that
may exist upon the termination of the compact | 8 |
| after the
payment and reserving of all of its debts and | 9 |
| obligations. | 10 |
| 7. Providing "start up" rules for initial | 11 |
| administration of the
compact. | 12 |
| B. The Interstate Commission shall, by a majority of the | 13 |
| members, elect
annually from among its members a chairperson, a | 14 |
| vice-chairperson,
and a treasurer, each of whom shall have such | 15 |
| authority and duties as
may be specified in the bylaws. The | 16 |
| chairperson or, in the
chairperson's absence or disability, the | 17 |
| vice-chairperson, shall preside
at all meetings of the | 18 |
| Interstate Commission. The officers so elected
shall serve | 19 |
| without compensation or remuneration from the Interstate
| 20 |
| Commission; provided that, subject to the availability of | 21 |
| budgeted
funds, the officers shall be reimbursed for ordinary | 22 |
| and necessary costs
and expenses incurred by them in the | 23 |
| performance of their
responsibilities as officers of the | 24 |
| Interstate Commission. | 25 |
| C. Executive Committee, Officers and Personnel. | 26 |
| 1. The executive committee shall have such authority |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| and duties
as may be set forth in the bylaws, including but | 2 |
| not limited
to: | 3 |
| a. Managing the affairs of the Interstate | 4 |
| Commission in
a manner consistent with the bylaws and | 5 |
| purposes of
the Interstate Commission; | 6 |
| b. Overseeing an organizational structure within, | 7 |
| and
appropriate procedures for the Interstate
| 8 |
| Commission to provide for the creation of rules,
| 9 |
| operating procedures, and administrative and
technical | 10 |
| support functions; and | 11 |
| c. Planning, implementing, and coordinating
| 12 |
| communications and activities with other state,
| 13 |
| federal and local government organizations in order
to | 14 |
| advance the goals of the Interstate Commission. | 15 |
| 3. The executive committee may, subject to the approval | 16 |
| of the
Interstate Commission, appoint or retain an | 17 |
| executive director
for such period, upon such terms and | 18 |
| conditions and for such
compensation, as the Interstate | 19 |
| Commission may deem
appropriate. The executive director | 20 |
| shall serve as secretary to
the Interstate Commission, but | 21 |
| shall not be a Member of the
Interstate Commission. The | 22 |
| executive director shall hire and
supervise such other | 23 |
| persons as may be authorized by the
Interstate Commission. | 24 |
| D. The Interstate Commission's executive director and its | 25 |
| employees shall
be immune from suit and liability, either | 26 |
| personally or in their official
capacity, for a claim for |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| damage to or loss of property or personal injury
or other civil | 2 |
| liability caused or arising out of or relating to an actual or
| 3 |
| alleged act, error, or omission that occurred, or that such | 4 |
| person had a
reasonable basis for believing occurred, within | 5 |
| the scope of Interstate
Commission employment, duties, or | 6 |
| responsibilities; provided, that
such person shall not be | 7 |
| protected from suit or liability for damage,
loss, injury, or | 8 |
| liability caused by the intentional or willful and wanton
| 9 |
| misconduct of such person. | 10 |
| 1. The liability of the Interstate Commission's | 11 |
| executive director
and employees or Interstate Commission | 12 |
| representatives,
acting within the scope of such person's | 13 |
| employment or duties
for acts, errors, or omissions | 14 |
| occurring within such person's
state may not exceed the | 15 |
| limits of liability set forth under the
Constitution and | 16 |
| laws of that state for state officials,
employees, and | 17 |
| agents. The Interstate Commission is
considered to be an | 18 |
| instrumentality of the states for the
purposes of any such | 19 |
| action. Nothing in this subsection shall
be construed to | 20 |
| protect such person from suit or liability for
damage, | 21 |
| loss, injury, or liability caused by the intentional or
| 22 |
| willful and wanton misconduct of such person. | 23 |
| 2. The Interstate Commission shall defend the | 24 |
| executive director
and its employees and, subject to the | 25 |
| approval of the Attorney
General or other appropriate legal | 26 |
| counsel of the member state
represented by an Interstate |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| Commission representative, shall
defend such Interstate | 2 |
| Commission representative in any civil
action seeking to | 3 |
| impose liability arising out of an actual or
alleged act, | 4 |
| error or omission that occurred within the scope of
| 5 |
| Interstate Commission employment, duties or | 6 |
| responsibilities,
or that the defendant had a reasonable | 7 |
| basis for believing
occurred within the scope of Interstate | 8 |
| Commission
employment, duties, or responsibilities, | 9 |
| provided that the
actual or alleged act, error, or omission | 10 |
| did not result from
intentional or willful and wanton | 11 |
| misconduct on the part of
such person. | 12 |
| 3. To the extent not covered by the state involved, | 13 |
| member state,
or the Interstate Commission, the | 14 |
| representatives or
employees of the Interstate Commission | 15 |
| shall be held
harmless in the amount of a settlement or | 16 |
| judgment,
including attorney's fees and costs, obtained | 17 |
| against such
persons arising out of an actual or alleged | 18 |
| act, error, or
omission that occurred within the scope of | 19 |
| Interstate
Commission employment, duties, or | 20 |
| responsibilities, or that
such persons had a reasonable | 21 |
| basis for believing occurred
within the scope of Interstate | 22 |
| Commission employment,
duties, or responsibilities, | 23 |
| provided that the actual or alleged
act, error, or omission | 24 |
| did not result from intentional or willful
and wanton | 25 |
| misconduct on the part of such persons.
|
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| ARTICLE XII | 2 |
| RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION | 3 |
| A. Rulemaking Authority - The Interstate Commission shall | 4 |
| promulgate
reasonable rules in order to effectively and | 5 |
| efficiently achieve the
purposes of this Compact. | 6 |
| Notwithstanding the foregoing, in the
event the Interstate | 7 |
| Commission exercises its rulemaking authority in
a manner that | 8 |
| is beyond the scope of the purposes of this Act, or the
powers | 9 |
| granted hereunder, then such an action by the Interstate
| 10 |
| Commission shall be invalid and have no force or effect. | 11 |
| B. Rulemaking Procedure - Rules shall be made pursuant to a
| 12 |
| rulemaking process that substantially conforms to the "Model | 13 |
| State
Administrative Procedure Act," of 1981 Act, Uniform Laws | 14 |
| Annotated,
Vol. 15, p.1 (2000) as amended, as may be | 15 |
| appropriate to the
operations of the Interstate Commission. | 16 |
| C. Not later than thirty (30) days after a rule is | 17 |
| promulgated, any person
may file a petition for judicial review | 18 |
| of the rule; provided, that the
filing of such a petition shall | 19 |
| not stay or otherwise prevent the rule
from becoming effective | 20 |
| unless the court finds that the petitioner has
a substantial | 21 |
| likelihood of success. The court shall give deference to
the | 22 |
| actions of the Interstate Commission consistent with | 23 |
| applicable
law and shall not find the rule to be unlawful if | 24 |
| the rule represents a
reasonable exercise of the Interstate | 25 |
| Commission's authority. |
|
|
|
09600SB0277ham001 |
- 29 - |
LRB096 04073 MJR 29911 a |
|
| 1 |
| D. If a majority of the legislatures of the compacting | 2 |
| states rejects a Rule
by enactment of a statute or resolution | 3 |
| in the same manner used to
adopt the compact, then such rule | 4 |
| shall have no further force and effect
in any compacting state.
| 5 |
| ARTICLE XIII | 6 |
| OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION | 7 |
| A. Oversight. | 8 |
| 1. The executive, legislative and judicial branches of | 9 |
| state
government in each member state shall enforce this | 10 |
| compact
and shall take all actions necessary and | 11 |
| appropriate to
effectuate the compact's purposes and | 12 |
| intent. The provisions
of this compact and the rules | 13 |
| promulgated hereunder shall
have standing as statutory | 14 |
| law. | 15 |
| 2. All courts shall take judicial notice of the compact | 16 |
| and the
rules in any judicial or administrative proceeding | 17 |
| in a member
state pertaining to the subject matter of this | 18 |
| compact which
may affect the powers, responsibilities or | 19 |
| actions of the
Interstate Commission. | 20 |
| 3. The Interstate Commission shall be entitled to | 21 |
| receive all
service of process in any such proceeding, and | 22 |
| shall have
standing to intervene in the proceeding for all | 23 |
| purposes.
Failure to provide service of process to the | 24 |
| Interstate
Commission shall render a judgment or order void |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| as to the
Interstate Commission, this compact or | 2 |
| promulgated rules.
| 3 |
| B. Default, Technical Assistance, Suspension and | 4 |
| Termination - If the
Interstate Commission determines that a | 5 |
| member state has defaulted
in the performance of its | 6 |
| obligations or responsibilities under this
compact, or the | 7 |
| bylaws or promulgated rules, the Interstate
Commission shall: | 8 |
| 1. Provide written notice to the defaulting state and | 9 |
| other
member states, of the nature of the default, the | 10 |
| means of
curing the default and any action taken by the | 11 |
| Interstate
Commission. The Interstate Commission shall | 12 |
| specify the
conditions by which the defaulting state must | 13 |
| cure its default. | 14 |
| 2. Provide remedial training and specific technical | 15 |
| assistance
regarding the default. | 16 |
| 3. If the defaulting state fails to cure the default, | 17 |
| the defaulting
state shall be terminated from the compact | 18 |
| upon an
affirmative vote of a majority of the member states | 19 |
| and all
rights, privileges and benefits conferred by this | 20 |
| compact shall
be terminated from the effective date of | 21 |
| termination. A cure of
the default does not relieve the | 22 |
| offending state of obligations or
liabilities incurred | 23 |
| during the period of the default. | 24 |
| 4. Suspension or termination of membership in the | 25 |
| compact
shall be imposed only after all other means of | 26 |
| securing
compliance have been exhausted. Notice of intent |
|
|
|
09600SB0277ham001 |
- 31 - |
LRB096 04073 MJR 29911 a |
|
| 1 |
| to suspend
or terminate shall be given by the Interstate | 2 |
| Commission to
the Governor, the majority and minority | 3 |
| leaders of the
defaulting state's legislature, and each of | 4 |
| the member states. | 5 |
| 5. The state which has been suspended or terminated is
| 6 |
| responsible for all assessments, obligations and | 7 |
| liabilities
incurred through the effective date of | 8 |
| suspension or
termination including obligations, the | 9 |
| performance of which
extends beyond the effective date of | 10 |
| suspension or
termination. | 11 |
| 6. The Interstate Commission shall not bear any costs | 12 |
| relating to
any state that has been found to be in default | 13 |
| or which has
been suspended or terminated from the compact, | 14 |
| unless
otherwise mutually agreed upon in writing between | 15 |
| the
Interstate Commission and the defaulting state. | 16 |
| 7. The defaulting state may appeal the action of the | 17 |
| Interstate
Commission by petitioning the U.S. District | 18 |
| Court for the
District of Columbia or the federal district | 19 |
| where the Interstate
Commission has its principal offices. | 20 |
| The prevailing party
shall be awarded all costs of such | 21 |
| litigation including
reasonable attorney's fees. | 22 |
| C. Dispute Resolution. | 23 |
| 1. The Interstate Commission shall attempt, upon the | 24 |
| request of
a member state, to resolve disputes which are | 25 |
| subject to the
compact and which may arise among member | 26 |
| states and
between member and non-member states. |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| 2. The Interstate Commission shall promulgate a rule | 2 |
| providing
for both mediation and binding dispute | 3 |
| resolution for disputes
as appropriate. | 4 |
| D. Enforcement. | 5 |
| 1. The Interstate Commission, in the reasonable | 6 |
| exercise of its
discretion, shall enforce the provisions | 7 |
| and rules of this
compact. | 8 |
| 2. The Interstate Commission, may by majority vote of | 9 |
| the
members, initiate legal action in the United States | 10 |
| District
Court for the District of Columbia or, at the | 11 |
| discretion of the
Interstate Commission, in the federal | 12 |
| district where the
Interstate Commission has its principal | 13 |
| offices, to enforce
compliance with the provisions of the | 14 |
| compact, its
promulgated rules and bylaws, against a member | 15 |
| state in
default. The relief sought may include both | 16 |
| injunctive relief
and damages. In the event judicial | 17 |
| enforcement is necessary
the prevailing party shall be | 18 |
| awarded all costs of such
litigation including reasonable | 19 |
| attorney's fees. | 20 |
| 3. The remedies herein shall not be the exclusive | 21 |
| remedies of the
Interstate Commission. The Interstate | 22 |
| Commission may avail
itself of any other remedies available | 23 |
| under state law or the
regulation of a profession.
| 24 |
| ARTICLE XIV | 25 |
| FINANCING OF THE INTERSTATE COMMISSION |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| A. The Interstate Commission shall pay, or provide for the | 2 |
| payment of the
reasonable expenses of its establishment, | 3 |
| organization and ongoing
activities. | 4 |
| B. The Interstate Commission may levy on and collect an | 5 |
| annual
assessment from each member state to cover the cost of | 6 |
| the operations
and activities of the Interstate Commission and | 7 |
| its staff which must be
in a total amount sufficient to cover | 8 |
| the Interstate Commission's
annual budget as approved each | 9 |
| year. The aggregate annual
assessment amount shall be allocated | 10 |
| based upon a formula to be
determined by the Interstate | 11 |
| Commission, which shall promulgate a
rule binding upon all | 12 |
| member states. | 13 |
| C. The Interstate Commission shall not incur obligations of | 14 |
| any kind prior
to securing the funds adequate to meet the same; | 15 |
| nor shall the
Interstate Commission pledge the credit of any of | 16 |
| the member states,
except by and with the authority of the | 17 |
| member state. | 18 |
| D. The Interstate Commission shall keep accurate accounts | 19 |
| of all receipts
and disbursements. The receipts and | 20 |
| disbursements of the Interstate
Commission shall be subject to | 21 |
| the audit and accounting procedures
established under its | 22 |
| bylaws. However, all receipts and disbursements
of funds | 23 |
| handled by the Interstate Commission shall by audited yearly
by | 24 |
| a certified or licensed public accountant and the report of the | 25 |
| audit
shall be included in and become part of the annual report |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| of the
Interstate Commission.
| 2 |
| ARTICLE XV | 3 |
| MEMBER STATES, EFFECTIVE DATE AND AMENDMENT | 4 |
| A. Any state is eligible to become a member state. | 5 |
| B. The compact shall become effective and binding upon | 6 |
| legislative
enactment of the compact into law by no less than | 7 |
| ten (10) of the
states. The effective date shall be no earlier | 8 |
| than December 1, 2007.
Thereafter it shall become effective and | 9 |
| binding as to any other member
state upon enactment of the | 10 |
| compact into law by that state. The
governors of non-member | 11 |
| states or their designees shall be invited to
participate in | 12 |
| the activities of the Interstate Commission on a non-voting | 13 |
| basis prior to adoption of the compact by all states. | 14 |
| C. The Interstate Commission may propose amendments to the | 15 |
| compact
for enactment by the member states. No amendment shall | 16 |
| become
effective and binding upon the Interstate Commission and | 17 |
| the member
states unless and until it is enacted into law by | 18 |
| unanimous consent of
the member states.
| 19 |
| ARTICLE XVI | 20 |
| WITHDRAWAL AND DISSOLUTION | 21 |
| A. Withdrawal. | 22 |
| 1. Once effective, the compact shall continue in force |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| and remain
binding upon each and every member state; | 2 |
| provided that a
member state may withdraw from the compact | 3 |
| by specifically
repealing the statute, which enacted the | 4 |
| compact into law. | 5 |
| 2. Withdrawal from this compact shall be by the | 6 |
| enactment of a
statute repealing the same, but shall not | 7 |
| take effect until one
(1) year after the effective date of | 8 |
| such statute and until
written notice of the withdrawal has | 9 |
| been given by the
withdrawing state to the Governor of each | 10 |
| other member
jurisdiction. | 11 |
| 3. The withdrawing state shall immediately notify the
| 12 |
| chairperson of the Interstate Commission in writing upon | 13 |
| the
introduction of legislation repealing this compact in | 14 |
| the
withdrawing state. The Interstate Commission shall | 15 |
| notify the
other member states of the withdrawing state's | 16 |
| intent to
withdraw within sixty (60) days of its receipt | 17 |
| thereof. | 18 |
| 4. The withdrawing state is responsible for all | 19 |
| assessments,
obligations and liabilities incurred through | 20 |
| the effective date of
withdrawal, including obligations, | 21 |
| the performance of which
extend beyond the effective date | 22 |
| of withdrawal. | 23 |
| 5. Reinstatement following withdrawal of a member | 24 |
| state shall
occur upon the withdrawing state reenacting the | 25 |
| compact or
upon such later date as determined by the | 26 |
| Interstate
Commission. |
|
|
|
09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
|
| 1 |
| B. Dissolution of Compact. | 2 |
| 1. This compact shall dissolve effective upon the date | 3 |
| of the
withdrawal or default of the member state which | 4 |
| reduces the
membership in the compact to one (1) member | 5 |
| state. | 6 |
| 2. Upon the dissolution of this compact, the compact | 7 |
| becomes
null and void and shall be of no further force or | 8 |
| effect, and the
business and affairs of the Interstate | 9 |
| Commission shall be
concluded and surplus funds shall be | 10 |
| distributed in
accordance with the bylaws.
| 11 |
| ARTICLE XVII | 12 |
| SEVERABILITY AND CONSTRUCTION | 13 |
| A. The provisions of this compact shall be severable, and | 14 |
| if any phrase,
clause, sentence or provision is deemed | 15 |
| unenforceable, the remaining
provisions of the compact shall be | 16 |
| enforceable. | 17 |
| B. The provisions of this compact shall be liberally | 18 |
| construed to effectuate
its purposes. | 19 |
| C. Nothing in this compact shall be construed to prohibit | 20 |
| the applicability
of other interstate compacts to which the | 21 |
| states are members.
| 22 |
| ARTICLE XVIII | 23 |
| BINDING EFFECT OF COMPACT AND OTHER LAWS |
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09600SB0277ham001 |
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LRB096 04073 MJR 29911 a |
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| 1 |
| A. Other Laws. | 2 |
| 1. Nothing herein prevents the enforcement of any other | 3 |
| law of a
member state that is not inconsistent with this | 4 |
| compact. | 5 |
| 2. All member states' laws conflicting with this | 6 |
| compact are
superseded to the extent of the conflict. | 7 |
| B. Binding Effect of the Compact. | 8 |
| 1. All lawful actions of the Interstate Commission, | 9 |
| including all
rules and bylaws promulgated by the | 10 |
| Interstate Commission,
are binding upon the member states.
| 11 |
| 2. All agreements between the Interstate Commission | 12 |
| and the
member states are binding in accordance with their | 13 |
| terms. | 14 |
| 3. In the event any provision of this compact exceeds | 15 |
| the
constitutional limits imposed on the legislature of any | 16 |
| member
state, such provision shall be ineffective to the | 17 |
| extent of the
conflict with the constitutional provision in | 18 |
| question in that
member state.
| 19 |
| ARTICLE 99.
| 20 |
| Section 99-99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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