§ 5731. Withdrawal; default; termination; 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 60 days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing
state reenacting the compact or upon such later date as determined by the Interstate
Commission.
(b) 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.
(D) Suspension or termination of membership in the compact, which shall be imposed only
after all other reasonable means of securing compliance under the bylaws and rules
have been exhausted and the Interstate Commission has determined that the offending
state is in default. Immediate notice of suspension shall be given by the Interstate
Commission to the Governor, the Chief Justice or the chief judicial officer of the
state, the majority and minority leaders of the defaulting state’s legislature, and
the state council. The grounds for default include 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 60 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 the
compacting state which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and any surplus funds shall be distributed in accordance with the
bylaws. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)