New York Laws
Title 1 - (Designated Without Title Heading)
501-E - Interstate Compact for Juveniles.

* § 501-e. Interstate compact for juveniles. The interstate compact
for juveniles is hereby enacted into law and entered into with all other
jurisdictions legally joining therein in a form substantially 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. Section 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:

A. 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;

B. 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;

C. 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;

D. make contracts for the cooperative institutionalization in public
facilities in member states for delinquent youth needing special
services;

E. provide for the effective tracking and supervision of juveniles;

F. equitably allocate the costs, benefits and obligations of the
compacting states;

G. establish procedures to manage the movement between states of
juvenile offenders released to the community under the jurisdiction of
courts, juvenile departments, or any other criminal or juvenile justice
agency which has jurisdiction over juvenile offenders;

H. insure immediate notice to jurisdictions where defined offenders
are authorized to travel or to relocate across state lines;

I. establish procedures to resolve pending charges (detainers) against
juvenile offenders prior to transfer or release to the community under
the terms of this compact;

J. 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;

K. monitor compliance with rules governing interstate movement of
juveniles and initiate interventions to address and correct
noncompliance;

L. coordinate training and education regarding the regulation of
interstate movement of juveniles for officials involved in such
activity; and


M. 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 herein are the formation
of public policies and therefore are public business. Furthermore, the
compacting states shall cooperate and observe their individual and
collective duties and responsibilities for the prompt return and
acceptance of juveniles subject to the provisions of this compact. The
provisions of this compact shall be reasonably and liberally construed
to accomplish the purposes and policies of the compact.


ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a
different construction:

A. "Bylaws" means those bylaws established by the interstate
commission for its governance, or for directing or controlling its
actions or conduct;

B. "Compact administrator" means the individual in each compacting
state appointed pursuant to the terms of this compact, responsible for
the administration and management of the state's supervision and
transfer of juveniles subject to the terms of this compact, the rules
adopted by the interstate commission and policies adopted by the state
council under this compact;

C. "Compacting state" means any state which has enacted the enabling
legislation for this compact;

D. "Commissioner" means the voting representative of each compacting
state appointed pursuant to article III of this compact;

E. "Court" means any court having jurisdiction over delinquent,
neglected, or dependent children;

F. "Deputy compact administrator" means the individual, if any, in
each compacting state appointed to act on behalf of a compact
administrator pursuant to the terms of this compact responsible for the
administration and management of the state's supervision and transfer of
juveniles subject to the terms of this compact, the rules adopted by the
interstate commission and policies adopted by the state council under
this compact;

G. "Interstate commission" means the interstate commission for
juveniles created by article III of this compact;

H. "Juvenile" means any person defined as a juvenile in any member
state or by the rules of the interstate commission, including any:

1. "accused delinquent" which means a person charged with an offense
that, if committed by an adult, would be a criminal offense;

2. "adjudicated delinquent" which means a person found to have
committed an offense that, if committed by an adult, would be a criminal
offense;

3. "accused status offender" which means a person charged with an
offense that would not be a criminal offense if committed by an adult;

4. "adjudicated status offender" which means a person found to have
committed an offense that would not be a criminal offense if committed
by an adult; and

5. "non-offender" which means a person in need of supervision who has
not been accused or adjudicated a status offender or delinquent;

I. "Non-compacting state" means any state which has not enacted the
enabling legislation for this compact;


J. "Probation" or "parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states;

K. "Rule" means a written statement by the interstate commission
promulgated pursuant to article VI of this compact that is of general
applicability, implements, interprets or prescribes a policy or
provision of the compact, or an organizational, procedural, or practical
requirement of the commission, and has the force and effect of statutory
law in a compacting state, and includes the amendment, repeal, or
suspension of an existing rule; and

L. "State" means a state of the United States, the District of
Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.


ARTICLE III

INTERSTATE COMMISSION FOR JUVENILES

A. The compacting states hereby create the "interstate commission for
juveniles." The commission shall be a body corporate and joint agency of
the compacting states. The commission shall have all the
responsibilities, powers and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent action of
the respective legislatures of the compacting states in accordance with
the terms of this compact.

B. The interstate commission shall consist of commissioners appointed
by the appropriate appointing authority in each state pursuant to the
rules and requirements of each compacting state and in consultation with
the state council for interstate juvenile supervision created hereunder.
The commissioner shall be the compact administrator, deputy compact
administrator or designee from that state who shall serve on the
interstate commission in such capacity under or pursuant to the
applicable law of the compacting state.

C. 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 non-commissioner 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 non-commissioner members
of the interstate commission shall be ex-officio (non-voting) members.
The interstate commission may provide in its bylaws for such additional
ex-officio (non-voting) members, including members of other national
organizations, in such numbers as shall be determined by the commission.

D. 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.

E. The commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a
simple majority of the compacting states, shall call additional
meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.

F. 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
rulemaking and/or amendment to the compact. The executive committee

shall oversee the day-to-day activities of the administration of the
compact managed by an executive director and interstate commission
staff; administer enforcement and compliance with the provisions of the
compact, its bylaws and rules, and perform such other duties as directed
by the interstate commission or set forth in the bylaws.

G. Each member of the interstate commission shall have the right and
power to cast a vote to which that compacting state is entitled and to
participate in the business and affairs of the interstate commission. A
member shall vote in person and shall not delegate a vote to another
compacting state. However, a commissioner, in consultation with the
state council, shall appoint another authorized representative, in the
absence of the commissioner from that state, to cast a vote on behalf of
the compacting state at a specified meeting. The bylaws may provide for
members' participation in meetings by telephone or other means of
telecommunication or electronic communication.

H. 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.

I. 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:

1. relate solely to the interstate commission's internal personnel
practices and procedures;

2. disclose matters specifically exempted from disclosure by statute;

3. disclose trade secrets or commercial or financial information which
is privileged or confidential;

4. involve accusing any person of a crime, or formally censuring any
person;

5. disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

6. disclose investigative records compiled for law enforcement
purposes;

7. disclose information contained in or related to examination,
operating or condition reports prepared by, or on behalf of or for the
use of, the interstate commission with respect to a regulated person or
entity for the purpose of regulation or supervision of such person or
entity;

8. disclose information, the premature disclosure of which would
significantly endanger the stability of a regulated person or entity; or

9. specifically relate to the interstate commission's issuance of a
subpoena, or its participation in a civil action or other legal
proceeding.

J. For every meeting closed pursuant to this provision, the interstate
commission's legal counsel shall publicly certify that, in the legal
counsel's opinion, the meeting may be closed to the public, and shall
reference each relevant exemptive provision. The interstate commission
shall keep minutes which shall fully and clearly describe all matters
discussed in any meeting and shall provide a full and accurate summary
of any actions taken, and the reasons therefor, including a description
of each of the views expressed on any item and the record of any roll
call vote (reflected in the vote of each member on the question). All
documents considered in connection with any action shall be identified
in such minutes.


K. The interstate commission shall collect standardized data
concerning the interstate movement of juveniles as directed through its
rules which shall specify the data to be collected, the means of
collection and data exchange and reporting requirements. Such methods of
data collection, exchange and reporting shall insofar as is reasonably
possible conform to up-to-date technology and coordinate its information
functions with the appropriate repository of records.


ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The commission shall have the following powers and duties:

A. To provide for dispute resolution among compacting states;

B. To promulgate rules to effect the purposes and obligations as
enumerated in this compact, which shall have the force and effect of
statutory law and shall be binding in the compacting states to the
extent and in the manner provided in this compact;

C. To oversee, supervise and coordinate the interstate movement of
juveniles subject to the terms of this compact and any bylaws adopted
and rules promulgated by the interstate commission;

D. To enforce compliance with the compact provisions, the rules
promulgated by the interstate commission, and the bylaws, using all
necessary and proper means, including but not limited to the use of
judicial process;

E. To establish and maintain offices which shall be located within one
or more of the compacting states;

F. To purchase and maintain insurance and bonds;

G. To borrow, accept, hire or contract for services of personnel;

H. To establish and appoint committees and hire staff which it deems
necessary for the carrying out of its functions including, but not
limited to, an executive committee as required by article III of this
compact which shall have the power to act on behalf of the interstate
commission in carrying out its powers and duties hereunder;

I. To elect or appoint such officers, attorneys, employees, agents, or
consultants, and to fix their compensation, define their duties and
determine their qualifications; and to establish the interstate
commission's personnel policies and programs relating to, inter alia,
conflicts of interest, rates of compensation, and qualifications of
personnel;

J. To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose
of it;

K. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal, or
mixed;

L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal, or mixed;

M. To establish a budget and make expenditures and levy dues as
provided in article VIII of this compact;

N. To sue and be sued;

O. To adopt a seal and bylaws governing the management and operation
of the interstate commission;

P. To perform such functions as may be necessary or appropriate to
achieve the purposes of this compact;

Q. To report annually to the legislatures, governors, judiciary, and
state councils of the compacting states concerning the activities of the
interstate commission during the preceding year. Such reports shall also
include any recommendations that may have been adopted by the interstate
commission;


R. To coordinate education, training and public awareness regarding
the interstate movement of juveniles for officials involved in such
activity;

S. To establish uniform standards of the reporting, collecting and
exchanging of data; and

T. The interstate commission shall maintain its corporate books and
records in accordance with the bylaws.


ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

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:

a. establishing the fiscal year of the interstate commission;

b. establishing an executive committee and such other committees as
may be necessary;

c. providing for the establishment of committees governing any general
or specific delegation of any authority or function of the interstate
commission;

d. providing reasonable procedures for calling and conducting meetings
of the interstate commission, and ensuring reasonable notice of each
such meeting;

e. establishing the titles and responsibilities of the officers of the
interstate commission;

f. 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;

g. providing "start-up" rules for initial administration of the
compact; and

h. establishing standards and procedures for compliance and technical
assistance in carrying out the compact.

B. Officers and staff.

1. The interstate commission shall, by a majority of the members,
elect annually from among its members a chairperson and a
vice-chairperson, each of whom shall have such authority and duties as
may be specified in the bylaws. The chairperson or, in the chairperson's
absence or disability, the vice-chairperson shall preside at all
meetings of the interstate commission. The officers so elected shall
serve without compensation or remuneration from the interstate
commission; provided that, subject to the availability of budgeted
funds, the officers shall be reimbursed for any ordinary and necessary
costs and expenses incurred by them in the performance of their duties
and responsibilities as officers of the interstate commission.

2. The interstate commission shall, through its executive committee,
appoint or retain an executive director for such period, upon such terms
and conditions and for such compensation as the interstate commission
may deem appropriate. The executive director shall serve as secretary to
the interstate commission, but shall not be a member and shall hire and
supervise such other staff as may be authorized by the interstate
commission.

C. Qualified immunity, defense and indemnification.

1. The interstate commission's executive director and employees shall
be immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of property or

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 interstate commission employment, duties, or
responsibilities; provided, that any such person shall not be protected
from suit or liability for any damage, loss, injury, or liability caused
by the intentional or willful and wanton misconduct of any such person.

2. The liability of any commissioner, or the employee or agent of a
commissioner, acting within the scope of such person's employment or
duties for acts, errors, or omissions occurring within such person's
state may not exceed the limits of liability set forth under the
constitution and laws of that state for state officials, employees, and
agents. Nothing in this subdivision shall be construed to protect any
such person from suit or liability for any damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of
any such person.

3. The interstate commission shall defend the executive director or
the employees or representatives of the interstate commission and,
subject to the approval of the attorney general of the state represented
by any commissioner of a compacting state, shall defend such
commissioner or the commissioner's representatives or employees in any
civil action seeking to impose liability arising out of any actual or
alleged act, error, or omission that occurred within the scope of
interstate commission employment, duties, or responsibilities, or that
the defendant had a reasonable basis for believing occurred within the
scope of interstate commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the part of
such person.

4. The interstate commission shall indemnify and hold the commissioner
of a compacting state, or the commissioner's representatives or
employees, or the interstate commission's representatives or employees,
harmless in the amount of any settlement or judgment obtained against
such persons arising out of any actual or alleged act, error, or
omission that occurred within the scope of interstate commission
employment, duties, or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of interstate
commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from
intentional or willful and wanton misconduct on the part of such
persons.


ARTICLE VI

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The interstate commission shall promulgate and publish rules in
order to effectively and efficiently achieve the purposes of the
compact.

B. Rulemaking shall occur pursuant to the criteria set forth in this
article and the bylaws and rules adopted pursuant thereto. Such
rulemaking shall substantially conform to the principles of the "Model
State Administrative Procedures Act," 1981 act, uniform laws annotated,
vol. 15, p.1 (2000), or such other administrative procedures acts, 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
shall become binding as of the date specified, as published with the
final version of the rules as approved by the interstate commission.


C. When promulgating a rule, the interstate commission shall, at a
minimum:

1. publish the proposed rule's entire text stating the reason or
reasons for that proposed rule;

2. 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;

3. provide an opportunity for an informal hearing if petitioned by ten
or more persons;

4. promulgate a final rule and its effective date, if appropriate,
based on input from state or local officials, or interested parties; and

5. allow, not later than sixty days after a rule is promulgated, any
interested person to file a petition in the United States district court
for the District of Columbia or in the federal district court where the
interstate commission's principal office is located for judicial review
of such rule. If the court finds that the interstate commission's action
is not supported by substantial evidence in the rulemaking record, the
court shall hold the rule unlawful and set it aside. For purposes of
this subdivision, evidence is substantial if it would be considered
substantial evidence under the model state administrative procedures
act.

D. 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 such rule to have no
further force and effect in any compacting state.

E. The existing rules governing the operation of the interstate
compact on juveniles superseded by this act shall be null and void
twelve months after the first meeting of the interstate commission
created hereunder.

F. Upon determination by the interstate commission that a state of
emergency exists, it may promulgate an emergency rule which shall become
effective immediately upon adoption, provided that the usual rulemaking
procedures provided hereunder shall be retroactively applied to said
rule as soon as reasonably possible, but no later than ninety days after
the effective date of the emergency rule.


ARTICLE VII

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE

INTERSTATE COMMISSION

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 non-compacting states which may significantly affect
compacting states.

2. The courts and executive agencies in each compacting state shall
enforce this compact and shall take all actions necessary and
appropriate to effectuate the compact's purposes and intent. The
provisions of this compact and the rules promulgated hereunder shall be
received by all the judges, public officers, commissions, and
departments of the state government as evidence of the authorized
statute and administrative rules. All courts shall take judicial notice
of the compact and the rules. In any judicial or administrative
proceeding in a compacting state pertaining to the subject matter of
this compact which may affect the powers, responsibilities, or actions
of the interstate commission, it shall be entitled to receive all
service of process in any such proceeding, and shall have standing to
intervene in the proceeding for all purposes.


B. Dispute resolution.

1. The compacting states shall report to the interstate commission on
all issues and activities necessary for the administration of the
compact as well as issues and activities pertaining to compliance with
the provisions of the compact and its bylaws and rules.

2. The interstate commission shall attempt, upon the request of a
compacting state, to resolve any disputes or other issues which are
subject to the compact and which may arise among compacting states and
between compacting and non-compacting states. The commission shall
promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.

3. The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact using
any or all means set forth in article XI of this compact.


ARTICLE VIII

FINANCE

A. The interstate commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization and ongoing
activities.

B. The interstate commission shall levy on and collect an annual
assessment from each compacting state to cover the cost of the internal
operations and activities of the interstate commission and its staff
which must be in a total amount sufficient to cover the interstate
commission's annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be
determined by the interstate commission, taking into consideration the
population of each compacting state and the volume of interstate
movement of juveniles in each compacting state and shall promulgate a
rule binding upon all compacting states which governs said assessment.

C. The interstate commission shall not incur any obligations of any
kind prior to securing the funds adequate to meet the same; nor shall
the interstate commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.

D. The interstate commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
interstate commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the interstate commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the annual
report of the interstate commission.


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

A. Any state, the District of Columbia (or its designee), the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, and the Northern Marianas Islands as defined in article II of
this compact is eligible to become a compacting state.

B. The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than thirty-five of the
states. The initial effective date shall be the later of July first, two
thousand four 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 non-member states or their designees shall be
invited to participate in the activities of the interstate commission on
a nonvoting basis prior to adoption of the compact by all states and
territories of the United States.

C. 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

A. Withdrawal.

1. Once effective, the compact shall continue in force and remain
binding upon each and every compacting state; provided that a compacting
state may withdraw from the compact by specifically repealing the
statute which enacted the compact into law.

2. The effective date of withdrawal is the effective date of the
repeal.

3. The withdrawing state shall immediately notify the chairperson of
the interstate commission in writing upon the introduction of
legislation repealing this compact in the withdrawing state. The
interstate commission shall notify the other compacting states of the
withdrawing state's intent to withdraw within 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.

B. Technical assistance, fines, suspension, termination and default.

1. If the interstate commission determines that any compacting state
has at any time defaulted in the performance of any of its obligations
or responsibilities under this compact, or the bylaws or duly
promulgated rules, the interstate commission may impose any or all of
the following penalties:

a. Remedial training and technical assistance as directed by the
interstate commission;

b. Alternative dispute resolution;

c. Fines, fees, and costs in such amounts as are deemed to be
reasonable as fixed by the interstate commission; and

d. Suspension or termination of membership in the compact, which shall
be imposed only after all other reasonable means of securing compliance
under the bylaws and rules have been exhausted and the interstate

commission has therefore determined that the offending state is in
default. Immediate notice of suspension shall be given by the interstate
commission to the governor, the chief justice or the chief judicial
officer of the state, the majority and minority leaders of the
defaulting state's legislature, and the state council. The grounds for
default include, but are not limited to, failure of a compacting state
to perform such obligations or responsibilities imposed upon it by this
compact, the bylaws, or duly promulgated rules and any other grounds
designated in 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 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.

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 duly
promulgated 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
attorney's fees.

D. Dissolution of compact.

1. The compact dissolves effective upon the date of the withdrawal or
default of any 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

A. The provisions of this compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.


B. The provisions of this compact shall be liberally construed to
effectuate its purposes.


ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other laws.

1. Nothing herein prevents the enforcement of any other law of a
compacting state that is not inconsistent with this compact.

2. All compacting states' laws other than state constitutions and
other interstate compacts conflicting with this compact are superseded
to the extent of the conflict.

B. Binding effect of the compact.

1. All lawful actions of the interstate commission, including all
rules and bylaws promulgated by the interstate commission, are binding
upon the compacting states.

2. All agreements between the interstate commission and the compacting
states are binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or
interpretation of interstate commission actions, and upon a majority
vote of the compacting states, the interstate commission may issue
advisory opinions regarding such meaning or interpretation.

4. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any compacting
state, the obligations, duties, powers or jurisdiction sought to be
conferred by such provision upon the interstate commission shall be
ineffective and such obligations, duties, powers or jurisdiction shall
remain in the compacting state and shall be exercised by the agency
thereof to which such obligations, duties, powers or jurisdiction are
delegated by law in effect at the time this compact becomes effective.

* NB Repealed September 1, 2025

Structure New York Laws